IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1837 of 2008()
1. M.M. MATHEW @ MATHEW M.MATHEW,
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :22/05/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 1837 of 2008
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Dated this the 22nd day of May, 2008
ORDER
The petitioner faces indictment in a prosecution under
Sec.138 of the Negotiable Instruments Act. The petitioner
was enlarged on bail; but on 9/4/08 he remained absent.
Coercive processes have been issued against the petitioner.
The petitioner finds such processes chasing him. He
apprehends imminent arrest. The petitioner prays that
appropriate directions under Sec.482 of the Cr.P.C. may be
issued to him.
2. The petitioner, in these circumstances, wants to
surrender before the learned Magistrate and seek regular bail.
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.
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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
Magistrate must proceed to pass appropriate orders on merits
and expeditiously – on the date of surrender itself.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. to Judge
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