P.S.Mohammed Rafeeq vs Vyaparavijayam Trades And … on 12 April, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1172 of 2007()


1. P.S.MOHAMMED RAFEEQ, S/O.P.A.SULAIMAN,
                      ...  Petitioner

                        Vs



1. VYAPARAVIJAYAM TRADES AND AGENCIES
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/04/2007

 O R D E R
                               R.BASANT, J.

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

                         Crl.M.C.No.1172 of 2007

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

                 Dated this the 12th day of April  2007




                                   O R D E R

The petitioner faces indictment in a prosecution under

Section 138 of the Negotiable Instruments Act. The matter is at

the stage of 313 examination. The accused did not appear at

that stage and he now finds himself in the unfortunate situation

of a warrant of arrest issued by the learned Magistrate chasing

him. He wants to surrender before the learned Magistrate now.

The learned counsel for the petitioner submits that the petitioner

apprehends that his application for bail may not be considered

on merits, in accordance with law and expeditiously by the

learned Magistrate. He, therefore, prays that the directions

under Section 482 Cr.P.C. may be issued to the learned

Magistrate to release the petitioner on bail when he appears and

applies for bail.

2. 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

Crl.M.C.No.1172/07 2

the learned Magistrate. I find absolutely no reason to assume

that the learned Magistrate would not consider the application

for bail to be filed by the petitioner on merits, in accordance with

law and expeditiously. Every court must do the same. No special

or specific directions appear to be necessary. Sufficient general

directions have been issued in Alice George vs.Deputy

Superintendent of Police [2003(1)KLT 339].

3. In the result, this Criminal Miscellaneous Case is

dismissed but with the specific observation that if the petitioner

surrenders 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.

Hand over copy of this order to the learned counsel for the

petitioner today itself .

                                                   (R.BASANT, JUDGE)

jsr


                         // True Copy//          PA to Judge


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         R.BASANT, J.





           CRL.M.CNo.





               ORDER





21ST DAY OF APRIL 2007