IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2213 of 2007()
1. K.M.UMMER, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SUNNY ANTO, AUTHORIZED BY THE HOLDER OF
For Petitioner :SRI.K.J.SAJI ISAAC
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/07/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.2213 of 2007
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Dated this the 10th day of July 2007
O R D E R
The petitioner faces indictment in a prosecution under
Section 138 of the Negotiable Instruments Act. Consequent to
his non-appearance before the learned Magistrate, the learned
Magistrate has issued coercive processes to secure the presence
of the petitioner.
2. According to the petitioner, he is innocent of the
allegations raised. According to him, his absence was not wilful
and was due to reasons beyond his control. The petitioner
submits that he is willing to co-operate with the court for
expeditious disposal. He is willing 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.
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
Crl.M.C.No.2213/07 2
the learned Magistrate.
4. 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].
5. 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 unless there are
compelling reasons.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.2213/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007