IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3244 of 2008()
1. C.RASHEED
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3244 of 2008
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Dated this the 25th day of August, 2008
O R D E R
The petitioner faces indictment in a prosecution under the
Kerala Abkari Act. The petitioner was arrested and enlarged on
bail. The case has been committed to the Court of Sessions and
is pending before that Court now. The petitioner could not
appear before the learned Sessions Judge on one date of posting.
The learned Sessions Judge has issued non-bailable warrant to
procure the arrest of the petitioner. The petitioner finds such
coercive processes issued by the learned Sessions Judge chasing
him. He apprehends imminent arrest.
2. According to the petitioner he is absolutely innocent.
His failure/omission to appear earlier was not wilful, but was due
to reasons beyond his control. He is willing to surrender before
the learned Sessions Judge, but he apprehends that his
application for bail may not be considered by the learned Judge
Crl.M.C.No. 3244 of 2008
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on merits, in accordance with law and expeditiously. It is in these
circumstances prayed that appropriate directions may be issued to
release the petitioner on bail on the date of surrender itself.
3. It is certainly for the petitioner to appear before the learned
Sessions Judge and explain to the learned Judge the circumstances
under which he could not earlier appear before the learned Judge. I
have no reason to assume that the learned Sessions Judge would not
consider the application for bail to be filed by the petitioner when he
surrenders before the learned Judge, 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
Sessions Judge and applies for bail after giving sufficient prior
notice to the Prosecutor in charge of the case, the learned Judge
Crl.M.C.No. 3244 of 2008
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must proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself.
5. Hand over the order.
(R. BASANT)
Judge