IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3208 of 2007()
1. FELIX JOSEPH, S/O.JOSEPH, NELLICKAL
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SUNNY KURIAKOSE, CHAKKUMKULAM,
For Petitioner :SRI.M.J.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/10/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3208 of 2007
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Dated this the 18th day of October 2007
O R D E R
The petitioner faces indictment in a prosecution for offence
punishable under Section 138 of the Negotiable Instruments Act.
Cognizance was taken as early as in 2003. The petitioner had
entered appearance. He was enlarged on bail. But
subsequently, consequent to his non-appearance, warrant of
arrest has been issued by the learned Magistrate against the
petitioner and the case against him has been transferred to the
list of long pending cases.
2. According to the petitioner, he is absolutely innocent.
His absence was not wilful or deliberate. The petitioner is
willing to surrender before the learned Magistrate and seek
regular bail. 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, therefore, prays
that directions 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.
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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 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].
4. In the result, this Criminal Miscellaneous Case 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 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.
(R.BASANT, JUDGE)
jsr
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007