IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3130 of 2007()
1. KAMAL AHUJA, S/O. ANAND AHUJA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/10/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3130 of 2007
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Dated this the 10th day of October, 2007
O R D E R
The petitioner faces indictment in a prosecution for the offences
punishable, inter alia, under Section 420 I.P.C. The petitioner had
come before this Court and this Court had directed the petitioner to
surrender before the learned Magistrate positively on or before
25.09.07. On account of reasons beyond the control of the petitioner,
the petitioner could not appear before the learned Magistrate on
25.09.07 personally, it is submitted. He appeared through counsel and
filed an application for condoning his absence. That petition was
dismissed and a warrant of arrest has been issued against the
petitioner.
2. According to the petitioner, he is absolutely innocent. His
absence on 25.09.07 was not wilful. He has filed an application
explaining the circumstances under which he could not appear. He is
willing to surrender before the learned Magistrate. 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.
Crl.M.C.No.3130 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.
Hand over a copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
rtr/-
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