High Court Kerala High Court

Kunhamu vs State Of Kerala on 17 September, 2007

Kerala High Court
Kunhamu vs State Of Kerala on 17 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5706 of 2007()


1. KUNHAMU, S/O. IBRAHIM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, THROUGH
                       ...       Respondent

                For Petitioner  :SRI.DEVIDAS.U.K

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :17/09/2007

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                     B.A. No. 5706 OF 2007
            -------------------------------------------------
         Dated this the 17th day of September, 2007

                               ORDER

The petitioner faces indictment in a prosecution under

Secs.323 and 324 read with Sec.34 of the IPC. Crime was

registered in 2003. Final report was filed. Cognizance was

also taken in 2003. The petitioner entered appearance and was

enlarged on bail. Subsequent to his non-appearance, a warrant

of arrest has been issued against him by the learned Magistrate.

The case has been transferred to the list of Long Pending Cases.

The warrant of arrest issued by the learned Magistrate to

procure the presence of the petitioner is chasing him.

2. According to the petitioner, he is absolutely

innocent. His absence was not wilful; but was due to beyond his

control. The petitioner, in these circumstances, wants to

surrender before the learned Magistrate and seek regular bail.

B.A. No. 5706 OF 2007 -: 2 :-

The petitioner 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, in these

circumstances, that the petitioner has come to this Court for a

direction to the learned Magistrate to release him on bail when

he appears before the learned Magistrate.

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 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).

4. In the result, this bail application 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

B.A. No. 5706 OF 2007 -: 3 :-

Magistrate must proceed to pass appropriate orders on merits

and expeditiously – on the date of surrender itself.

5. 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