Ali vs State Of Kerala on 22 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2001 of 2007()


1. ALI, S/O.ALAVI, ANTHEMPURATH VEEDU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.E.R.VENKATESWARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :22/06/2007

 O R D E R
                                     R.BASANT, J.

                                  ----------------------

                             Crl.M.C.No.2001 of 2007

                            ----------------------------------------

                      Dated this the 22nd day of June 2007




                                       O R D E R

The petitioner faces indictment for offences punishable inter alia

under Section 354 I.P.C. All offences alleged are compoundable,

asserts the learned counsel for the petitioner. The petitioner is the

second accused. The case against the first accused has already been

settled and compounded and proceedings against him terminated.

The petitioner could not appear before the learned Magistrate and in

these circumstances the petitioner finds a warrant of arrest and

coercive steps issued against him by the learned Magistrate chasing

him. The petitioner submits that he is absolutely innocent. The

matter has been settled and the offence has been compounded by the

complainant. The petitioner is willing to surrender before the learned

Magistrate. He apprehends that the applications for composition and

bail to be filed by him when he appears shall not be considered by the

learned Magistrate on merits, in accordance with law and

expeditiously. It is in these circumstances, prayed that powers under

Section 482 Cr.P.C may be invoked and appropriate directions may be

issued.

2. I find no merit in the prayer for invocation of the powers

under Section 482 Cr.P.C. When composition is reported, the learned

Crl.M.C.No.2001/07 2

Magistrate must dispose of the application for composition

expeditiously. 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 find absolutely no reason to assume that the learned

Magistrate would not consider the applications for bail and

composition 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].

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 and

composition, 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                   // True Copy//          PA to Judge


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       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007