IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1130 of 2007()
1. K.P.HABEEB
... Petitioner
Vs
1. S.I.OF POLICE,TRITHALA & OTHERS
... Respondent
For Petitioner :SRI.T.C.GOVINDA SWAMY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/04/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 1130 OF 2007
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Dated this the 10th day of April, 2007
ORDER
The petitioner faces indictment in a prosecution
allegedly under Sec.420 of the IPC and Sec.138 of the
Negotiable Instruments Act. The case was registered as C.C.
No.60/98. Consequent to the non-appearance of the
petitioner, it stands transferred to the list of Long Pending
Cases as L.P.No.14/2000 before the Judicial Magistrate of the
First Class, Pattambi. Coercive processes issued by the
learned Magistrate are chasing the petitioner and it is, in
these circumstances, that the petitioner has come to this
Court with this petition under Sec.482 of the Cr.P.C. for a
direction to release the petitioner on bail on the date when he
appears before the learned Magistrate. According to the
petitioner, the petitioner has valid reasons to explain his
absence before the court earlier.
CRL.M.C.NO. 1130 OF 2007 -: 2 :-
2. I am not satisfied that any directions deserve to be
issued under Sec.482 of the Cr.P.C. It is certainly 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
the petitioner’s application for regular bail on merits in
accordance with law and expeditiously. No special or specific
directions appear to be necessary. Every court must do the
same. Sufficient general directions on this aspect have already
been issued in the decision reported in Alice George v. Deputy
Superintendent of Police (2003 (1) KLT 339).
3. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Magistrate and seeks 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, unless compelling
CRL.M.C.NO. 1130 OF 2007 -: 3 :-
and exceptional reasons are there.
4. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge