N.K.Jaffar vs S.I.Of Police on 16 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2592 of 2007()


1. N.K.JAFFAR, S/O.N.K.MEHAMOOD,
                      ...  Petitioner
2. ABDUL RASHID, S/O.POCKER,

                        Vs



1. S.I.OF POLICE, FEROKE POLICE STATION.
                       ...       Respondent

2. JULIUS MIRSHAD,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :SRI.CIBI THOMAS

The Hon'ble MR. Justice R.BASANT

 Dated :16/08/2007

 O R D E R
                             R.BASANT, J
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                      Crl.M.C. No.2592 Of 2007
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                Dated this the 16th day of August, 2007

                                ORDER

Petitioners face indictment in a prosecution for the offences

punishable, inter alia, under Sections 341, 323 and 324 read with 149

I.P.C. Of course the allegations under Sec.143, 147 and 148 have also

been raised. Investigation is complete. Final report has already been

filed. Committal court has taken cognizance and registered the

committal proceedings. The petitioners were not available for arrest,

hence the case against them was split up. Trial against the co-accused

continued. They were found not guilty and acquitted. In fact the

complainant did not raise any grievance against them, it is submitted.

The case against the petitioners was split up and later transferred to

the list of long pending cases. The learned Magistrate has issued

coercive processes against the petitioners. The petitioners apprehend

imminent arrest. The learned counsel for the petitioners submits that

the petitioners are absolutely innocent. The absence of the petitioners

earlier was not wilflul. The petitioners are willing to surrender before

the learned Magistrate and seek regular bail. It is further submitted

that the complainant has compounded all the offences alleged against

the petitioners also. The offences under Secs.143,147 and 148 are

Crl.M.C.No. 2592 of 2007 2

non compoundable.

2. It is for the petitioner to appear before the learned

Magistrate and explain to the learned Magistrate the circumstances

under which they 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].

3. This application is, in these circumstances, dismissed, but

with the specific observation that if the petitioners appear before the

learned Magistrate and apply 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, unless there are compelling reasons.

4. The learned counsel for the petitioners submits that the

learned Magistrate may be directed while reading over the particulars

of the offences to take note of the fact that no charges under

Sec.143,147 and 148 are liable to be raised and other offences are

compoundable.

Crl.M.C.No. 2592 of 2007 3

5. It is further submitted that there may be direction for

expeditious disposal of the case, inasmuch as the petitioners are

employed abroad and have to go back to their place of employment.

6. If is for the petitioners to make such requests before the

learned Magistrate and the learned Magistrate, needless to say, must

consider such request and pass orders expeditiously.

(R.BASANT, JUDGE)
sj