IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4278 of 2007()
1. ABY @ SAILAVUDEEN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.S.M.PREM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :16/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4278 of 2007
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Dated this the 16th day of July 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations inter alia under Section 506 I.P.C. The crime was
registered in 2004. Final report was filed. Cognizance was
taken. The petitioner appeared before the learned Magistrate.
He was enlarged on bail. When the case was posted for
evidence, he was absent and reckoning the petitioner as
absconding, a warrant of arrest was issued against the
petitioner.
2. According to the petitioner, he is absolutely innocent.
His absence was not wilful. He is willing to surrender and co-
operate with the court for the expeditious disposal of the case.
He apprehends that his application for regular 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.
2. It is for the petitioner to appear before the learned
B.A.No.4278/07 2
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 bail application 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.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
B.A.No.4278/07 3
B.A.No.4278/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007