Kumaran vs State Of Kerala on 30 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1602 of 2007()


1. KUMARAN, S/O.KRISHNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.GEORGE SIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :30/05/2007

 O R D E R
                                   R.BASANT, J

                         ------------------------------------

                          Crl.M.C.No.1602 of 2007

                         -------------------------------------

                     Dated this the 30th day of May, 2007


                                      ORDER

Petitioner is the 6th accused in S.C.No.362 of 2006 on the file of

the Additional Sessions Court, Ernakulam, where he faces allegations,

inter alia, under Section 308 I.P.C. The co-accused have all been

acquitted. The petitioner was not available for trial and therefore the

case against him has been split up. According to the petitioner, his

absence was not wilful and he is willing to surrender before the

learned Sessions Judge. The petitioner apprehends that the learned

Sessions Judge may not consider his application for bail on merits, in

accordance with law and expeditiously. It is therefore prayed that

directions may be issued under Section 482 Cr.P.C to release the

petitioner on bail when he so appears before the learned Sessions

Judge and applies for bail.

2. It is for the petitioner to appear before the learned

Sessions Judge and explain to the learned Sessions Judge the

circumstances under which he could not earlier appear before the

learned Magistrate. I have no reason to assume that the learned

Sessions Judge 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.

Crl.M.C.No.1602 of 2007 2

Sufficient general directions have already been issued in Alice

George v. The Deputy Superintendent of Police [2003(1) KLT

339].

6. This Crl.M.C is, in these circumstances, dismissed. But

with the specific observation that if the petitioner appears before the

learned Sessions Judge and applies for bail after giving sufficient prior

notice to the Prosecutor in charge of the case, the learned Sessions

Judge must proceed to pass appropriate orders on merits and

expeditiously – on the date of surrender itself.

(R.BASANT, JUDGE)

rtr/-