IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 273 of 2007()
1. A.R.MOHAMED YACOOB, AGED 62 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.VENUGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/02/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.273 of 2007
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Dated this the 5th day of February 2007
O R D E R
The petitioner is the fifth accused in a prosecution under
Section 420 read with 34 I.P.C. Cognizance has been taken on
the basis of a final report submitted by the police. The case has
been pending from 2004. The petitioner has not appeared
before the learned Magistrate and consequently he finds himself
in the unenviable predicament of a warrant of arrest issued by
the learned Magistrate chasing him. The petitioner now wants
to surrender before the learned Magistrate. 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
Crl.M.C.No.237/07 2
circumstances under which he could not earlier appear before
the learned Magistrate.
3. I find absolutely no reason to assume that the learned
Magistrate wound 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].
4. 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.237/07 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006
