IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5913 of 2007()
1. K.C.MOHANAN,S/O.ANANTAN,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/10/2007
O R D E R
R.BASANT, J
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B.A.No.5913 of 2007
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Dated this the 1st day of October, 2007
ORDER
Application for anticipatory bail. The petitioner faces indictment
in a prosecution under Section 420 I.P.C. Crime was registered on the
basis of a private complaint referred to the police by the learned
Magistrate under Section 156(3) Cr.P.C. In that pending
proceedings, there was an attempt for settlement. Matter was
referred to the Lok Adalat. The matter was not settled. When the
case was posted for trail, the petitioner was absent. Thereupon a
warrant of arrest has been issued against the petitioner. The absence
of the petitioner was on 18.07.07.
2. According to the petitioner, he is absolutely innocent. His
absence was not wilful or deliberate. The petitioner is willing to
surrender before the learned Magistrate, apply for bail and co-operate
with the court for expeditious disposal of the case. But the petitioner
apprehends that his application for 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 438
and/or 482 Cr.P.C may be issued in favour of the petitioner.
B.A.No.5913 of 2007 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 bail application 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 and expeditiously –
on the date of surrender itself.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R.BASANT, JUDGE)
rtr/-