IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3419 of 2008()
1. CHERUVATTY MOIDEEN, S/O.ASSAINAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.R.SURENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3419 of 2008
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Dated this the 5th day of September, 2008
ORDER
The petitioner faces indictment in a prosecution under
Sec.379 IPC. The co-accused has already been tried, found
not guilty and acquitted. The petitioner was not available for
trial. The case against him has been split up. 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.
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
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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
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.
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5. There is an interesting further prayer that there may be
a direction to dispose of the case immediately. The petitioner
must first appear before the learned Magistrate and secure bail.
Thereafter, he can certainly apply to the learned Magistrate for
an expeditious disposal of his case. On such application,
appropriate orders must be passed by the learned Magistrate.
No further directions appear to be necessary.
6. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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