Chacko Thomas vs State Of Kerala on 20 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 427 of 2007()


1. CHACKO THOMAS, S/O.THOMAS,
                      ...  Petitioner

                        Vs



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

2. SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.ANOOP MATHEW ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :20/02/2007

 O R D E R
                                 R.BASANT, J

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

                          Crl.M.C.No.427 of 2007

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

               Dated this the 20th day of February  2007




                                   O R D E R

The petitioner faces indictment in a prosecution under

Section 420 I.P.C. Cognizance has been taken on the basis of

the final report submitted by the police after investigation. A

warrant of arrest has been issued against the petitioner. The

petitioner has not appeared before the learned Magistrate. He

filed an application for anticipatory bail which was dismissed by

the learned Sessions Judge vide order, a copy of which is

produced along with this petition.

2. The petitioner now wants to surrender before the

learned Magistrate. He apprehends that his application for bail

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

accordance with law and expeditiously. He has hence come to

this court with the prayer that the direction under Section 482

Cr.P.C may be issued to the learned Magistrate to release the

petitioner on bail when he appears and applies for bail.

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

Magistrate and explain to the learned Magistrate, the

Crl.M.C.No.427/07 2

circumstances under which he could not earlier appear before

the learned Magistrate.

4. I find absolutely no reason to assume that the learned

Magistrate would not consider the application for bail 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].

5. In the result, this Crl.M.C is dismissed but with the

specific observation that if the petitioner surrenders before the

learned Magistrate and applies for bail, after giving sufficient

prior notice to the learned 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

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Crl.M.C.No.427/07 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006