IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3038 of 2008()
1. IBRAHIM P.A.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3038 of 2008
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Dated this the 12th day of August, 2008
ORDER
The petitioner, along with others, faces indictment in a
prosecution for offences punishable, inter alia, under Sec.498A
IPC. The petitioner was arrested and enlarged on bail at the
crime stage. Investigation is now complete. Final report has
already been filed. Cognizance has been taken. The
petitioner has not so far entered appearance. Reckoning him
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.
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
Crl.M.C. No. 3038 of 2008 -: 2 :-
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
the Prosecutor in charge of the case, the learned Magistrate
Crl.M.C. No. 3038 of 2008 -: 3 :-
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/