High Court Kerala High Court

Jawad vs State Of Kerala on 13 July, 2007

Kerala High Court
Jawad vs State Of Kerala on 13 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2253 of 2007()


1. JAWAD, S/O.ABDUL RAZACK, POLAYATHODU,
                      ...  Petitioner
2. PROPRIETOR, M/S.DHANYA FASHION,

                        Vs



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

2. SUB INSPECTOR OF POLICE,

3. MOHAMMED ASHRAFF.T., MANAGING DIRECTOR,

                For Petitioner  :SRI.VINOY VARGHESE KALLUMOOTTILL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :13/07/2007

 O R D E R
                                   R.BASANT, J

                         ------------------------------------

                          Crl.M.C.No.2253 of 2007

                         -------------------------------------

                     Dated this the 13th day of July, 2007


                                     O R D E R

The petitioners face indictment in a prosecution under Section

138 of the Negotiable Instruments Act. Cognizance has been taken.

Consequent to non appearance of the petitioners, the case against

them has been transferred to the list of Long Pending Cases. The

petitioners find warrants of arrest issued by the learned Magistrate

chasing them. According to the petitioners, they are innocent. Their

absence was not wilful and was on account of reasons beyond their

control. They are willing to appear before the learned Magistrate and

seek regular bail, but they apprehend that their applications for bail

may not be considered by the learned Magistrate on merits, in

accordance with law and expeditiously. In these circumstances it is

prayed that directions under Section 482 Cr.P.C may be issued in

favour of the petitioners.

2. It is 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 such application on merits, in accordance with law

and expeditiously. Every court must do the same. No special or

Crl.M.C.No.2253 of 2007 2

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].

3. This Crl.M.C is, in these circumstances, dismissed, but

with the specific observation 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 proceed to pass appropriate orders on merits and expeditiously –

on the date of surrender itself.

4. The warrants of arrest issued by the learned Magistrate

against the petitioners shall not be executed till 23.07.2007. Before

that date, the petitioners shall appear before the learned Magistrate

and seek regular bail.

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

the petitioner.

(R.BASANT, JUDGE)

rtr/-

Crl.M.C.No.2253 of 2007 3