IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3055 of 2007()
1. B.JYOTHIR NIVAS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SABU S.KALLARAMOOLA
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/10/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3055 of 2007
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Dated this the 4th day of October, 2007
O R D E R
The petitioner faces indictment in a prosecution for offences
punishable, inter alia, under Section 353 I.P.C. Cognizance has been
taken. The case has been registered as C.C.No.1961 of 2004.
Consequent to non appearance of the petitioner, the case has been
transferred to the list of Long Pending Cases. Coercive steps have
been initiated against the petitioner by the learned Magistrate to
procure his presence. The petitioner finds a warrant of arrest issued
by the learned Magistrate chasing him.
2. According to the learned counsel for the petitioner, the
petitioner is absolutely innocent. His absence earlier was not wilful or
deliberate. He is willing to surrender before the learned Magistrate.
He 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 therefore prayed that directions under Section
482 Cr.P.C may be issued in favour of the petitioner.
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.
Crl.M.C.No.3055 of 2007 2
I have no reason to assume that the learned Magistrate would not
consider such application 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 in Alice George v. The Deputy Superintendent
of Police [2003(1) KLT 339].
4. This Crl.M.C is, in these circumstances, dismissed, but with
the specific observation 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 appropriate orders on merits and expeditiously –
on the date of surrender itself.
(R.BASANT, JUDGE)
rtr/-
Crl.M.C.No.3055 of 2007 3