IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4091 of 2007()
1. ABAIS, AGED 28, S/O.HAMSA,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY S.I. OF
... Respondent
For Petitioner :SRI.K.A.SREEJITH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4091 of 2007
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Dated this the 6th day of July 2007
O R D E R
Application for anticipatory bail. The petitioner is the third
accused. He faces indictment in a prosecution for offences
punishable inter alia under Section 3 of the P.D.P.P.Act.
Cognizance has already been taken. Consequent to the failure of
the petitioner to appear before the learned Magistrate, the case
against the petitioner has been transferred to the list of long
pending cases and he finds warrant of arrest and coercive
processes issued by the learned Magistrate chasing him.
2. The learned counsel for the petitioner submits that
the petitioner is innocent. His absence earlier was not wilful and
was due to reasons beyond his control as he was employed
abroad. The petitioner is willing to surrender before the learned
Magistrate and seek regular bail. But he apprehends that his
application for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously.
He, therefore, prays that 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.
B.A.No.4091/07 2
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.
3. 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].
4. In the result, this petition 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 unless there are compelling reasons.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4091/07 3
B.A.No.4091/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007