IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 208 of 2009()
1. YOUSAF, S/O.IBRAYIL, KULAYANA VEETIL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.ZUBAIR PULIKKOOL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/01/2009
O R D E R
R.BASANT, J
------------------------------------
Crl.M.C. No.208 of 2009
-------------------------------------
Dated this the 15th day of January, 2009
ORDER
Petitioner faces indictment in a prosecution for offences
punishable, inter alia, under Section 308 r/w 149 I.P.C.
Investigation is complete. Final report has already been filed.
Cognizance has been taken. The Committal Proceedings has
been registered. Reckoning the petitioner as an absconding
accused, the case against him has been transferred to the list of
Long Pending Cases. Coercive processes have been issued
against the petitioner by the learned Magistrate. The petitioner
apprehends imminent arrest in execution of such processes.
2. 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.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the
Crl.M.C. No.208 of 2009 2
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].
4. 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, in the light of the decision in Sukumari v. State of
Kerala [2001(1) K.L.T 22].
5. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-