IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 74 of 2009()
1. JOLLY, AGED 32 , S/O. VARGHESE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.ARUN K.ANTONY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2009
O R D E R
R.BASANT, J
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Crl.M.C. No.74 of 2009
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Dated this the 8th day of January, 2009
ORDER
Petitioner faces indictment in a prosecution for offences
punishable, inter alia, under Section 307 r/w 149 I.P.C.
Investigation is complete. Final report has already been filed.
Committal Proceedings has been registered. The petitioner had
entered appearance and was enlarged on bail. But subsequently
he was unable to appear and consequently coercive processes
have been issued against the petitioner by the learned
Magistrate. The petitioner finds such processes chasing him.
He 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.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the
Crl.M.C. No.74 of 2009 2
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.
5. It is submitted at the Bar that the case against the
petitioner is pending as C.P.No.63 of 2007 before the Judicial
Magistrate of the First Class-II, Aluva and the case arises from
Crime No.39 of 2001 of Angamali Police Station.
6. Hand over a copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
rtr/-