High Court Kerala High Court

Vijayan vs State Of Kerala on 7 July, 2008

Kerala High Court
Vijayan vs State Of Kerala on 7 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2522 of 2008()


1. VIJAYAN, S/O.VELATHAKUNJU, KOTTAMARUPPEL
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY PUBLIC
                       ...       Respondent

2. SUB INSPECTOR OF POLICE, KONNI POLICE

                For Petitioner  :SRI.VINOY VARGHESE KALLUMOOTTILL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :07/07/2008

 O R D E R
                            R. BASANT, J.
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                  Crl.M.C.No. 2522 of 2008
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                Dated this the 7th day of July, 2008

                               O R D E R

The petitioner faces indictment in a prosecution for

offences punishable under the Kerala Abkari Act. Investigation is

complete. Final report has alrdeady been filed. Cognizance has

been taken. Committal proceedings has been registered. The

petitioner was not arrested at the crime stage. He has not entered

appearance so far. Reckoning him as an absconding accused,

coercive processes have been issued against him by the learned

Magistrate. The petitioner apprehends imminent arrest.

2. According to the petitioner he is absolutely innocent.

His absence was not willful or deliberate, but on account of

reasons beyond his control. He is willing to surrender before the

learned Magistrate, but he apprehends that his application for

bail may not be considered by the learned Magistrate on merits,

in accordance with law and expeditiously.

3. It is certainly for the petitioner to appear before the

learned Magistrate and explain to the learned Magistrate the

Crl.M.C.No. 2522 of 2008
2

circumstances under which he could not earlier appear before the

learned Magistrate. I have no reason to assume that the learned

Sessions Magistrate would not consider the application for bail to be

filed by the petitioner when he surrenders before the learned Magistrate

on merits, in accordance with law and expeditiously. Every court

must do the same. No special or specific direction appears to be

necessary. Sufficient general directions have already been issued by

this Court in the decision in Alice George v. Dy.S.P. of Police

(2003 (1) KLT 339).

4. This application is accordingly dismissed. I may however

hasten to observe that if the petitioner appears before the learned

Magistrate and applies for bail after giving sufficient prior notice

to the Prosecutor in charge of the case, the learned Magistrate must

proceed to pass orders on merits, in accordance with law and

expeditiously – on the date of surrender itself.

(R. BASANT)
Judge
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