High Court Kerala High Court

Ramanan vs State Of Kerala on 29 January, 2008

Kerala High Court
Ramanan vs State Of Kerala on 29 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 499 of 2008()


1. RAMANAN, S/O.CHELLAPPAN, RAMNIVAS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.G.BENO

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/01/2008

 O R D E R
                                 R.BASANT, J

                          ------------------------------------

                            B.A.No.499 of 2008

                          -------------------------------------

               Dated this the 29th day of January, 2008



                                      ORDER

Application for anticipatory bail. Petitioner faces indictment

in a prosecution for offences punishable, inter alia, under Section

307 I.P.C. Final report has already been filed. Cognizance has

been taken by the learned Magistrate. Committal proceedings

has been registered. The petitioner has not been arrested at any

stage so far. Reckoning him as an absconding accused, coercive

processes have been issued against the petitioner. The petitioner

finds such processes chasing him. He apprehends imminent

arrest.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. He had no

knowledge of the proceedings. 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.

B.A.No.499 of 2008 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 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 bail application 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 and expeditiously – on the date of surrender

itself.

(R.BASANT, JUDGE)

rtr/-