Arafath vs State Of Kerala on 25 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4544 of 2008()



1. ARAFATH
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :25/11/2008

 O R D E R
                           R. BASANT, J.
                 - - - - - - - - - - - - - - - - - - - - - -
                 Crl.M.C.No. 4544 of 2008
                 - - - - - - - - - - - - - - - - - - - - - -
          Dated this the 25th day of November, 2008

                              O R D E R

The petitioner faces indictment in a prosecution for

offences punishable, inter alia, under Sections 353 r/w. 34 I.P.C.

The petitioner had appeared before the learned Magistrate and

had been released on bail. But later he did not appear before the

court. Subsequently reckoning the petitioner as an absconding

accused, coercive processes have been issued against him.

Such processes issued by the learned Magistrate are chasing

him. He apprehends imminent arrest.

2. According to the petitioner he is absolutely innocent.

His absence was not willful or deliberate, but on account of

reasons beyond his control. He is willing to surrender before the

learned Magistrate, but he apprehends that his application for

bail may not be considered by the learned Magistrate on merits,

in accordance with law and expeditiously.

3. It is certainly for the petitioner to appear before the

learned Magistrate and explain to the learned Magistrate the

Crl.M.C.No. 4544 of 2008
2

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 application for bail to be filed by the

petitioner when he surrenders before the learned Magistrate on merits,

in accordance with law and expeditiously. Every court must do the

same. No special or specific direction appears to be necessary.

Sufficient general directions have already been issued by this Court in

the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT

339).

4. This application is accordingly dismissed. I may however

hasten to observe that if the petitioner appears 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 orders on merits, in accordance with law and

expeditiously – on the date of surrender itself.

(R. BASANT)
Judge
tm

Crl.M.C.No. 4544 of 2008
3