IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4901 of 2008()
1. JINU JOSEPH, S/O.JOSEPH, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/12/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.4901 of 2008
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Dated this the 17th day of December, 2008
ORDER
Petitioner faces indictment in a prosecution for offences
punishable under Narcotic Drugs and Psychotropic Substances
Act. According to the petitioner, all offences are bailable and the
case is pending before the learned Judicial Magistrate of the
First Class-II, Kochi.
2. The petitioner had entered appearance earlier. He
was enlarged on bail. But consequent to omission/failure on the
part of the petitioner to appear before the learned Magistrate,
coercive processes have been issued against the petitioner. Such
processes are chasing the petitioner. The petitioner apprehends
imminent arrest.
3. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing to
surrender before the learned Magistrate and apply for 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. It is therefore prayed that directions
under Section 482 Cr.P.C may be issued in favour of the
petitioner.
Crl.M.C. No.4901 of 2008 2
4. 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 have no reason to assume that the
learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of
Police [2003(1) KLT 339].
5. This Crl.M.C is, in these circumstances, dismissed, but
with the specific observation 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 appropriate orders on merits, in
accordance with law and expeditiously – on the date of surrender
itself.
(R.BASANT, JUDGE)
rtr/-