High Court Kerala High Court

Haridas vs State Of Kerala on 12 August, 2008

Kerala High Court
Haridas vs State Of Kerala on 12 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3028 of 2008()


1. HARIDAS, S/O.VELAYUDHAN, PARAPPURATH,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/08/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  Crl.M.C. No.3028 of 2008
            -------------------------------------------------
         Dated this the 12th day of August, 2008

                               ORDER

The petitioner faces indictment in a prosecution for

offences punishable, inter alia, under Secs.447 and 323 IPC.

All offences alleged are bailable, it is submitted. Investigation

is complete. The petitioner was arrested and enlarged on bail

at the stage of investigation. Cognizance has now been taken.

The petitioner has not entered appearance so far. Reckoning

the petitioner as an absconding accused, 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

Crl.M.C. No.3028 of 2008 -: 2 :-

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

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

Crl.M.C. No.3028 of 2008 -: 3 :-

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.

5. Hand over a copy of this order to the learned counsel for

the petitioner.

(R. BASANT, JUDGE)

Nan/