IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5959 of 2007()
1. AHAMMED SHAFI, S/O. PERAL MOHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/10/2007
O R D E R
R. BASANT, J.
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B.A. No. 5959 OF 2007
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Dated this the 3rd day of October, 2007
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Secs.452, 307 and 153A
read with Sec.149 of the IPC. The alleged incident took place
on 22/1/04. Final report has already been filed. Committal
proceedings is pending before the learned Magistrate. The
petitioner has not entered appearance so far. Consequently, a
warrant of arrest issued by the learned Magistrate is chasing
the petitioner.
2. According to the petitioner, he is absolutely innocent.
His absence was not wilful or deliberate. The petitioner, in
these circumstances, wants to surrender before the learned
Magistrate and seek regular bail. The petitioner apprehends
that his application for regular bail may not be considered by
B.A. No. 5959 OF 2007 -: 2 :-
the learned Magistrate on merits in accordance with law and
expeditiously. It is, in these circumstances, that the petitioner
has come to this Court for a direction to the learned Magistrate
to release him on bail when he appears before the learned
Magistrate.
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. I have no reason to assume that the
learned Magistrate would not consider the petitioner’s
application for regular bail on merits in accordance with law and
expeditiously. No special or specific directions appear to be
necessary. Every court must do the same. Sufficient general
directions on this aspect have already been issued in the decision
reported in Alice George v. Deputy Superintendent of Police
(2003 (1) KLT 339).
3. In the result, this bail application is dismissed; but with
the observation that if the petitioner surrenders before the
learned Magistrate and seeks bail, after giving sufficient prior
B.A. No. 5959 OF 2007 -: 3 :-
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.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge