High Court Kerala High Court

Ahamed Akber @ Raja vs State Of Kerala on 19 November, 2008

Kerala High Court
Ahamed Akber @ Raja vs State Of Kerala on 19 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4453 of 2008()



1. AHAMED AKBER @ RAJA
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/11/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.4453 of 2008
                      -------------------------------------
            Dated this the 19th day of November, 2008

                                  ORDER

Petitioner faces indictment in a prosecution under Section

153 A I.P.C. The petitioner was granted anticipatory bail at the

stage of investigation, submits the learned counsel for the

petitioner. Final report has already been filed. Cognizance has

been taken. Subsequent to the taking of the cognizance, the

petitioner did not/could not appear before the learned

Magistrate as he was employed abroad. Coercive processes have

been issued against the petitioner. The petitioner apprehends

imminent arrest in execution of such processes.

2. According to the petitioner, he is innocent. He is

willing to surrender before the Investigating Officer or 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 – on the date of surrender itself. It is therefore

prayed that appropriate directions may be issued to the learned

Magistrate to consider his bail application expeditiously in the

light of the decision in Alice George v. The Deputy

Superintendent of Police [2003(1) KLT 339].

Crl.M.C. No.4453 of 2008 2

3. Sufficient general directions have already been issued

in Alice George v. The Deputy Superintendent of Police

[2003(1) KLT 339] to oblige the subordinate courts to consider

applications for bail filed by accused who surrender before the

Magistrates as expeditiously as possible. No special or specific

direction appears to be necessary in the facts and circumstances

of this case. I have no reason to assume that the same shall not

be done. Every court must do the same. If there be non

compliance, the avenues of challenge/complaint are available for

the petitioner.

4. The petitioner makes an interesting request that the

case may be directed to be disposed of expeditiously. I said

interesting because the matter has been waiting for the

appearance of the petitioner who has not made himself available.

Be that as it may, the petitioner, who submits that he wants to

return to his place of employment abroad within a short time,

can certainly make an appropriate request before the learned

Magistrate to expeditiously complete the trial against him or

seek exemption from his personal appearance till the trial

commences.

Crl.M.C. No.4453 of 2008 3

5. This Crl.M.C is, in these circumstances, dismissed, but

with the above specific observations.

6. Hand over a copy of this order to the learned counsel

for the petitioner for production before the court below.

(R.BASANT, JUDGE)
rtr/-