IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3134 of 2008()
1. AROMAL RAJAN,AGED 24,S/O.JINARAJAN,
... Petitioner
Vs
1. STATE OF KERALA REP.BY THE PUBLIC
... Respondent
For Petitioner :SRI.SHAJIN S.HAMEED
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/08/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No. 3134 of 2008
-------------------------------------------------
Dated this the 19th day of August, 2008
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Sec.3 of the PDPP Act.
Investigation is complete. Final report has already been filed.
Cognizance was taken as early as in 2003 as is evident from
the number assigned to the case – C.C.No.999/03. The
petitioner was shown as absconding. He was never arrested.
He has not appeared before the learned Magistrate. Reckoning
the petitioner as an absconding accused, coercive processes
have been issued against the petitioner by the learned
Magistrate. Such processes are chasing the petitioner now.
The petitioner apprehends imminent arrest in execution of
such processes.
2. According to the petitioner, he is absolutely innocent.
Crl.M.C. No. 3134 of 2008 -: 2 :-
His absence earlier 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 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.
3. 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).
4. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Crl.M.C. No. 3134 of 2008 -: 3 :-
Magistrate and seeks 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 and
expeditiously – on the date of surrender itself.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R. BASANT, JUDGE)
Nan/