IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4050 of 2006()
1. IBRAHIM, 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/12/2006
O R D E R
R.BASANT, J
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Crl.M.C.No.4050 of 2006
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Dated this the 15th day of December 2006
O R D E R
The petitioner is the fourth accused in a prosecution interalia
under Sections 420 and 471 read with 34 I.P.C. The crime was
registered in the year 2000. Final report has been filed and
cognizance was taken by the learned Chief Judicial Magistrate,
Kasaragod. The petitioner was not available for trial. The case
against him has been transferred to the list of long pending cases.
The petitioner finds himself in the unenviable predicament of coercive
processes issued by the learned Magistrate chasing him. He now
wants to surrender before the learned Magistrate. He apprehends
that the learned Magistrate may not consider his application for bail
on merits, in accordance with law and expeditiously. It is, in these
circumstances prayed that directions may be issued under Section
482 Cr.P.C to the learned Magistrate to release the petitioner on bail
when he appears before the learned Magistrate 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 the learned
Magistrate. I find absolutely no reason to assume that the learned
Crl.M.C.No.4050/06 2
Magistrate would not consider such application and such cause shown
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 Crl.M.C 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 learned Public 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 unless there are compelling reasons.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.4050/06 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006