High Court Kerala High Court

Shaji vs State Of Kerala on 31 July, 2008

Kerala High Court
Shaji vs State Of Kerala on 31 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2914 of 2008()


1. SHAJI, THATTUPURAKKAL HOUSE, VENMONY
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY THE PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.RINNY STEPHEN CHAMAPARAMPIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :31/07/2008

 O R D E R
                           R. BASANT, J.
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                 Crl.M.C.No. 2914 of 2008
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              Dated this the 31st day of July, 2008

                              O R D E R

The petitioner faces indictment as the third accused in a

prosecution for the offence punishable under Section 8 of the

Kerala Abkari Act. He was not arrested in the course of

investigation. Investigation is complete. Final report has already

been filed. Cognizance has been taken. Committal proceedings

has been registered. He has not appeared before the learned

Magistrate. Reckoning the petitioner as an absconding accused,

coercive processes have been issued against him. The petitioner

finds such processes issued by the learned Magistrate chasing

him.

2. According to the petitioner he is absolutely innocent.

His absence was not willful or deliberate, but on account of

reasons beyond his control. He is willing to surrender before the

learned Magistrate, but he apprehends that his application for

Crl.M.C.No. 2914 of 2008
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bail may not be considered by the learned Magistrate on merits, in

accordance with law and expeditiously.

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 Sessions 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

proceed to pass orders on merits, in accordance with law and

expeditiously – on the date of surrender itself. Needless to say his

Crl.M.C.No. 2914 of 2008
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application for bail may be considered in the light of the dictum in

Sukumari v. State of Kerala (2001 (1) KLT 22) also.

5. Hand over the order.

(R. BASANT)
Judge
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