K.K. Abdulla @ Abdhu vs The Station House Officer on 9 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3106 of 2007()


1. K.K. ABDULLA @ ABDHU,
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.T.MADHU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :09/10/2007

 O R D E R
                               R.BASANT, J
                       ------------------------------------
                      Crl.M.C.No.3106 of 2007
                       -------------------------------------
               Dated this the 9th day of October, 2007

                                 O R D E R

The petitioner faces indictment in a prosecution under Sections

452 and 354 I.P.C. The petitioner was not enlarged on bail at the

crime stage. He had not appeared before the court or the

Investigating Officer. Investigation is now complete. Final report has

already been filed. Cognizance has been taken by the learned

Magistrate. The petitioner has not been able to appear so far. He is

employed abroad. No notice or summons was ever served on the

petitioner. The learned Magistrate has now transferred the case

against the petitioner to the list of Long Pending Cases. Coercive

processes are being issued against the petitioner. The petitioner finds

such warrants of arrest issued by the learned Magistrate chasing him.

2. According to the petitioner, he is absolutely innocent. His

absence earlier was not wilful. The petitioner is now willing to appear

and apply for bail and co-operate with the court for expeditious

disposal of the case. 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 482 Cr.P.C may be issued in favour of the

petitioner.

Crl.M.C.No.3106 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 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 and expeditiously –

on the date of surrender itself.

(R.BASANT, JUDGE)
rtr/-

Crl.M.C.No.3106 of 2007 3