C.F.Johnson vs State Of Kerala on 10 December, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4784 of 2008()



1. C.F.JOHNSON
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.VARGHESE.J.PUNNACHALIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :10/12/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.4784 of 2008
                      -------------------------------------
            Dated this the 10th day of December, 2008

                                  ORDER

Petitioners face indictment in a prosecution under Section

138 of the Negotiable Instruments Act. Cognizance has already

been taken. The petitioners have not so far appeared before the

learned Magistrate. According to the petitioners, no notice,

process or summons of the court was ever served on the

petitioners and that is why they could not/did not appear earlier.

Coercive processes have been issued against the petitioners

reckoning them as absconding accused. Such processes are

chasing the petitioners. The petitioners apprehend imminent

arrest in execution of such processes.

2. According to the petitioners, they are innocent. They

are willing to surrender before the Investigating Officer or the

learned Magistrate and seek regular bail. But they apprehend

that their 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 appropriate directions

may be issued to the learned Magistrate to consider their bail

Crl.M.C. No.4784 of 2008 2

application expeditiously in the light of the decision in Alice

George v. The Deputy Superintendent of Police [2003(1)

KLT 339].

3. Sufficient general directions have already been issued

in Alice George v. The Deputy Superintendent of Police

[2003(1) KLT 339] to oblige the subordinate courts to consider

applications for bail filed by accused who surrender before the

Magistrates as expeditiously as possible. No special or specific

direction appears to be necessary in the facts and circumstances

of this case. I have no reason to assume that the same shall not

be done. Every court must do the same. If there be non

compliance, the avenues of challenge/complaint are available for

the petitioners.

4. This Crl.M.C is, in these circumstances, dismissed, but

with the above specific observations.

5. Hand over a copy of this order to the learned counsel

for the petitioners for production before the court below.

(R.BASANT, JUDGE)
rtr/-