IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2610 of 2008()
1. GEORGE T.K.
... Petitioner
Vs
1. S.I.OF POLICE
... Respondent
For Petitioner :SRI.SALIM V.S.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/07/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2610 of 2008
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Dated this the 10th day of July, 2008
O R D E R
The petitioners, who are accused 2 and 3, face indictment
along with the co-accused for offences punishable, inter alia,
under Section 332 and 308 I.P.C. Investigation is complete.
Final report has already been filed. Cognizance has been taken.
Committal proceedings has been registered. The petitioners were
not arrested at the crime stage. They have not entered appearance
so far. Consequently coercive processes have been issued
against them by the learned Magistrate. They apprehend
imminent arrest.
2. According to the petitioners they are absolutely
innocent. Their absence was not willful or deliberate, but on
account of reasons beyond their control. They are willing to
surrender before the learned Magistrate, but he apprehend that
their applications for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously.
Crl.M.C.No. 2610 of 2008
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It is in these circumstances prayed that appropriate directions may be
issued to release the petitioners on bail on the date of surrender itself.
3. It is certainly for the petitioners to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
under which they could not earlier appear before the learned
Magistrate. I have no reason to assume that the learned Magistrate
would not consider the applications for bail to be filed by the
petitioners when they surrender before the learned Magistrate 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 petitioners appear before the learned
Magistrate and apply for bail after giving sufficient prior notice to
the Prosecutor in charge of the case, the learned Magistrate must
Crl.M.C.No. 2610 of 2008
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proceed to pass orders on merits, in accordance with law and
expeditiously – on the date of surrender itself. Needless to say their
application for bail may be considered in the light of the dictum in
Sukumari v. State of Kerala (2001 (1) KLT 22) also.
5. Hand over the order.
(R. BASANT)
Judge
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