IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 272 of 2008(T)
1. T.C.SHAJU, S/O.CHACKO, THALIKAN HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.T.VINOD KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 272 of 2008
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Dated this the 17th day of January, 2008
O R D E R
Application for anticipatory bail. The petitioner faces
indictment in a prosecution under Sections 279 and 304A I.P.C.
Final report has been filed. Cognizance has been taken. The
case has been filed as C.C. 138 of 2003 before the learned
Magistrate. Consequent to non-appearance of the petitioner,
coercive processes have been issued against the petitioner. He
finds such processes chasing him.
2. According to the petitioner his absence was not willful.
No notice or summons was ever served on the petitioner and that
is why he could not appear before the learned Magistrate. The
learned counsel for the petitioner submits that the petitioner is
willing to appear 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. It is in these circumstances prayed that
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2
appropriate directions may be issued to release the petitioner on bail on
the date of surrender itself.
3. It is certainly 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 have no reason to assume that the learned 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
B.A.No. 272 of 2008
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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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