IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 487 of 2007()
1. FAKARUDHEEN, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/02/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.487 of 2007
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Dated this the 26th day of February, 2007
ORDER
The petitioner faces indictment in a prosecution, inter alia, under
Section 324 read with 34 I.P.C. The petitioner was granted bail at the
crime stage. According to the petitioner, he had no information about
the cognizance of the offence by the learned Magistrate later. He now
finds himself in an unenviable predicament of coercive processes under
Sections 82 and 83 Cr.P.C as also a non bailable warrant issued by the
learned Magistrate chasing him.
2. The petitioner is prepared to appear before the learned
Magistrate and seek bail in the regular and ordinary course. But 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 come to this Court with a prayer that powers
under Section 482 Cr.P.C may be invoked to issue direction to the
learned Magistrate to grant bail to the petitioner.
3. I find absolutely no merit in the prayer. 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
Crl.M.C.No.487 of 2007 2
that the learned Magistrate would not consider such application for bail
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, unless there are exceptional and
compelling reasons.
5. Hand over a copy of this order to the learned counsel for
the petitioner today itself.
(R.BASANT, JUDGE)
rtr/-