IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3333 of 2007()
1. SURESH KUMAR @ SURESH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/11/2007
O R D E R
R.BASANT, J.
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Crl.M.C.Nos.3333 of 2007
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Dated this the 1st day of November 2007
O R D E R
The petitioner faces indictment in a prosecution for
offences punishable under Section 435 and 324 read with 34
I.P.C. Though co-accused faced trial, he was found not guilty
and acquitted. The petitioner was not available for trial. The
case against him stands transferred to the list of long pending
cases. Coercive processes has been issued against the
petitioner. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is absolutely innocent. His absence earlier was
not wilful or deliberate but was on account of reasons beyond his
control. The petitioner is willing to surrender before the learned
Magistrate and seek regular bail. But he apprehends that his
application for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously.
He, therefore, prays that directions under Section 482 Cr.P.C.
may be issued to the learned Magistrate to release the petitioner
on bail when he appears and applies for bail.
Crl.M.C.No.3333/07 2
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate, the
circumstances under which he could not earlier appear before
the learned Magistrate. I find absolutely no reason to assume
that the learned Magistrate would not consider the application
for bail to be filed by the petitioner on merits, in accordance with
law and expeditiously. Every court must do the same. No
special or specific directions appear to be necessary. Sufficient
general directions have been issued in Alice George vs. Deputy
Superintendent of Police [2003(1)KLT 339].
4. In the result, this Criminal Miscellaneous Case is
dismissed but with the specific observation that if the petitioner
surrenders 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
appropriate orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3333/07 3
Crl.M.C.No.3333/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007