IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3537 of 2007()
1. ABDU, S/O. HAMZA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. STATION HOUSE OFFICER,
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/11/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3537 of 2007
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Dated this the 26th day of November, 2007
O R D E R
Petitioner is the 6th accused and he faces indictment for offence
punishable, inter alia, under Section 326 r/w 149 I.P.C. All the other
accused persons have been tried, found not guilty and acquitted. The
petitioner was not available for trial and the case against him is now
split up and pending before the learned Magistrate.
2. As the petitioner has not appeared before the Magistrate,
warrant of arrest issued by the learned Magistrate is chasing the
petitioner. According to the petitioner, he is absolutely innocent. His
absence was not wilful or deliberate. He is willing to surrender before
the learned Magistrate and seek regular bail. But he apprehends that
his 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 directions under Section 482 Cr.P.C may be
issued in favour of the petitioner.
3. 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 have no reason to assume that the learned Magistrate would not
Crl.M.C.No.3537 of 2007 2
consider such application on merits, in accordance with law and
expeditiously. Every court must do the same. No special or specific
direction appears to be necessary. Sufficient general directions have
already been issued in Alice George v. The Deputy Superintendent
of Police [2003(1) KLT 339].
4. This Crl.M.C is, in these circumstances, dismissed, but with
the specific observation that if the petitioner appears 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 and expeditiously –
on the date of surrender itself.
(R.BASANT, JUDGE)
rtr/-
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