IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1135 of 2007()
1. M.KABEER
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.M.SASINDRAN
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. 1135 OF 2007
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Dated this the 10th day of April, 2007
ORDER
The petitioner is the accused in a prosecution under
Secs.406 and 420 of the IPC. Cognizance has been taken on
the basis of a private complaint filed by the complainant. The
petitioner has not appeared before the learned Magistrate so
far. The learned Magistrate has issued coercive process to
procure the presence of the petitioner. In these
circumstances, the petitioner has come to this Court with a
prayer that the proceedings against him may be quashed.
Alternatively, it is prayed that the learned Magistrate may be
directed under Sec.482 of the Cr.P.C. to release the petitioner
on bail on the date of his surrender itself.
2. Though there is a contention that the prosecution
has liable to be quashed under Sec.482 of the Cr.P.C., no
serious attempt is made to press home that contention. I am
CRL.M.C.NO. 1135 OF 2007 -: 2 :-
satisfied that it is not necessary to quash the proceedings by
invoking the powers under Sec.482 of the Cr.P.C. Needless to
say, the petitioner shall be at liberty to claim discharge under
Sec.245(1) or 245(2) of the Cr.P.C. as the case may be.
3. The learned counsel for the petitioner submits that the
petitioner is willing to surrender before the learned Magistrate.
But 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.
4. 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
CRL.M.C.NO. 1135 OF 2007 -: 3 :-
reported in Alice George v. Deputy Superintendent of Police
(2003 (1) KLT 339).
5. 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
and exceptional reasons are there.
6. 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