High Court Kerala High Court

Jamsheed vs State Of Kerala Rep By Inspector Of on 12 December, 2008

Kerala High Court
Jamsheed vs State Of Kerala Rep By Inspector Of on 12 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4823 of 2008()


1. JAMSHEED, S/O.ABDUL LATHEEF, MASTER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP BY INSPECTOR OF
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/12/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                     Crl.M.C. No.4823 of 2008
                      -------------------------------------
            Dated this the 12th day of December, 2008

                                  ORDER

Petitioner faces indictment in a prosecution for the offence

punishable, inter alia, under Section 341 r/w 34 I.P.C.

Investigation is complete. Final report has already been filed.

Cognizance has been taken. The Calendar Case was registered.

The petitioner was not arrested at any stage. The case has now

been transferred to the list of Long Pending Cases. Reckoning

the petitioner as an absconding accused, coercive processes

have been issued against the petitioner by the learned

Magistrate. The petitioner apprehends imminent arrest.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. He is willing to

surrender before the learned Magistrate and apply for bail. But

he 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 therefore prayed that directions

under Section 482 Cr.P.C may be issued in favour of the

petitioner.

Crl.M.C. No.4823 of 2008 2

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 such application 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, in

accordance with law and expeditiously – on the date of surrender

itself.

(R.BASANT, JUDGE)
rtr/-