IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2331 of 2007()
1. JOBY @ VARGHESE, S/O.KUNJAPPAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE, KASBA POLICE
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :20/07/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2331 of 2007
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Dated this the 20th day of July 2007
O R D E R
The petitioner faces indictment in a prosecution under
Sections 324 and 326 I.P.C. The petitioner was on bail during
the crime stage. After cognizance was taken, the petitioner did
not appear. A warrant of arrest issued by the learned Magistrate
is chasing the petitioner. The learned counsel for the petitioner
submits that the petitioner is innocent. His failure to appear
before the learned Magistrate was not wilful and was due to
reasons beyond his control. The petitioner now wants to
surrender before the learned Magistrate. But he apprehends
that his application for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously.
He, therefore, prays that directions under Section 482 Cr.P.C.
may be issued to the learned Magistrate to release the petitioner
on bail when he appears and applies for bail.
2. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate, the
Crl.M.C.No.2331/07 2
circumstances under which he could not earlier appear before
the learned Magistrate.
3. I find absolutely no reason to assume that the learned
Magistrate would not consider the application for bail to be filed
by the petitioner on merits, in accordance with law and
expeditiously. Every court must do the same. No special or
specific directions appear to be necessary. Sufficient general
directions have been issued in Alice George vs. Deputy
Superintendent of Police [2003(1)KLT 339].
4. In the result, this Criminal Miscellaneous Case is
dismissed but with the specific observation that if the petitioner
surrenders 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)
jsr
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007