IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2616 of 2007()
1. JOHNEY,S/O.KOSHY SAMUEL,JUSTIN VILLA,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
2. THE C.I. OF POLICE,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :17/08/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2616 of 2007
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Dated this the 17th day of August 2007
O R D E R
The petitioner is the first accused in a crime registered
under Section 420 I.P.C. Investigation is complete. Final report
has already been filed. Cognizance has been taken by the
learned Magistrate. The petitioner had been released on bail at
the stage of investigation. But subsequently he has not appeared
before the learned Magistrate. According to the petitioner, he
was not duly served and that is why he could not earlier appear
before the learned Magistrate. The petitioner is now willing to
appear before the learned Magistrate; but a warrant of arrest
issued by the learned Magistrate against the petitioner is
chasing him. The petitioner apprehends that he may be arrested
before he appears before the learned Magistrate. He further
apprehends that when he surrenders and applies for bail, the
learned Magistrate may not consider his application for bail on
merits, in accordance with law and expeditiously. The petitioner
has a further request that his claim for discharge may be
directed to be considered expeditiously by the learned
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Magistrate.
2. Having considered all the relevant inputs, I am
satisfied that appropriate directions can be issued in the matter
and this petition can be allowed in part.
3. In the result, this petition is allowed in part.
Following directions are issued:
i) The petitioner shall surrender before the learned
Magistrate at 11 a.m on 22/8/2007. Till then, the warrant of
arrest issued against him shall not be executed. The petitioner
may apply for bail and the learned Magistrate must proceed to
pass appropriate orders on such application for bail on merits, in
accordance with law and expeditiously – on the date of surrender
itself. The petitioner must give sufficient prior notice to the
prosecutor in charge of the case. He can give such notice before
he surrenders before the learned Magistrate.
ii) The learned Magistrate shall consider the plea of
discharge which the petitioner wants to raise at the stage of
Section 239/240 Cr.P.C, as expeditiously as possible, at any rate,
within a period of one month from the date of his appearance.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007