IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2834 of 2007()
1. ABDUL JALEEL, S/O.MOHAMMED,
... 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 :11/09/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2834 of 2007
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Dated this the 11th day of September 2007
O R D E R
The petitioner faces allegations under Section 377 I.P.C. His
application for anticipatory bail was dismissed by this court as per
order in B.A.No.4446/07 on 23/07/2007. The petitioner has come to
this court with the prayer that direction may be issued to the learned
Chief Judicial Magistrate, Kasargod to consider his application for bail
on the date of surrender itself.
2. It is for the petitioner to appear before the learned
Magistrate and seek regular bail. 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.
3. In the result, this Criminal Miscellaneous Case 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.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.2834/07 2
Crl.M.C.No.2834/07 3
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007