IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4453 of 2008()
1. AHAMED AKBER @ RAJA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/11/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4453 of 2008
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Dated this the 19th day of November, 2008
ORDER
Petitioner faces indictment in a prosecution under Section
153 A I.P.C. The petitioner was granted anticipatory bail at the
stage of investigation, submits the learned counsel for the
petitioner. Final report has already been filed. Cognizance has
been taken. Subsequent to the taking of the cognizance, the
petitioner did not/could not appear before the learned
Magistrate as he was employed abroad. Coercive processes have
been issued against the petitioner. The petitioner apprehends
imminent arrest in execution of such processes.
2. According to the petitioner, he is innocent. He is
willing to surrender before the Investigating Officer or the
learned Magistrate and seek regular bail. But he apprehends
that his application for regular bail may not be considered by the
learned Magistrate on merits, in accordance with law and
expeditiously – on the date of surrender itself. It is therefore
prayed that appropriate directions may be issued to the learned
Magistrate to consider his bail application expeditiously in the
light of the decision in Alice George v. The Deputy
Superintendent of Police [2003(1) KLT 339].
Crl.M.C. No.4453 of 2008 2
3. Sufficient general directions have already been issued
in Alice George v. The Deputy Superintendent of Police
[2003(1) KLT 339] to oblige the subordinate courts to consider
applications for bail filed by accused who surrender before the
Magistrates as expeditiously as possible. No special or specific
direction appears to be necessary in the facts and circumstances
of this case. I have no reason to assume that the same shall not
be done. Every court must do the same. If there be non
compliance, the avenues of challenge/complaint are available for
the petitioner.
4. The petitioner makes an interesting request that the
case may be directed to be disposed of expeditiously. I said
interesting because the matter has been waiting for the
appearance of the petitioner who has not made himself available.
Be that as it may, the petitioner, who submits that he wants to
return to his place of employment abroad within a short time,
can certainly make an appropriate request before the learned
Magistrate to expeditiously complete the trial against him or
seek exemption from his personal appearance till the trial
commences.
Crl.M.C. No.4453 of 2008 3
5. This Crl.M.C is, in these circumstances, dismissed, but
with the above specific observations.
6. Hand over a copy of this order to the learned counsel
for the petitioner for production before the court below.
(R.BASANT, JUDGE)
rtr/-