IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6483 of 2007()
1. MR.GIRIJA VALLABHAN, AGED 54 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.VINCENT JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/10/2007
O R D E R
R.BASANT, J
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B.A.No.6483 of 2007
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Dated this the 24th day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the 7th
accused. He faces indictment in a prosecution under Section 420
I.P.C. Cognizance has already been taken. The petitioner has not
appeared before the learned Magistrate so far. A warrant of arrest
has been issued by the learned Magistrate to procure the presence of
the petitioner. That warrant, it is submitted, was issued only on
17.10.07. The case now has been posted to 31.10.07.
2. According to the petitioner, he is innocent. He had no
information of the pendency of the case or issue of any processes
against him. He has only now come to know that a warrant of arrest
has been issued against him on 17.10.07. The petitioner is willing to
surrender before the learned Magistrate and seek bail. 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.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
B.A.No.6483 of 2007 2
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 bail application 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.
5. There shall be a further direction that the warrant of arrest
issued against the petitioner on 17.10.07 shall not be executed till
31.10.07. On or before that date, the petitioner shall appear before
the learned Magistrate and seek regular bail.
(R.BASANT, JUDGE)
rtr/-