IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3125 of 2007()
1. MUJEEB, AGED 26 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :10/10/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3125 of 2007
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Dated this the 10th day of October, 2007
O R D E R
The petitioner faces indictment in a prosecution for offences
punishable, inter alia, under Section 308 I.P.C. The petitioner was
earlier enlarged on bail. Investigation is now complete. Final report
has already been filed. The case has been committed to the Court of
Session. Assistant Sessions Court, Irinjalakuda is seized of the matter.
Consequent to non appearance of the petitioner, a non bailable
warrant has been issued against the petitioner by the learned
Assistant Sessions Judge.
2. According to the petitioner, he is innocent. His absence
earlier was not wilful. He is willing to surrender before the learned
Assistant Sessions Judge. But he apprehends that his application for
regular bail may not be considered by the learned Judge 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
Assistant Sessions Judge and explain to the learned Judge the
circumstances under which he could not earlier appear before the
Crl.M.C.No.3125 of 2007 2
learned Judge. I have no reason to assume that the learned 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. Sufficient general
directions have already been issued in Alice George v. The Deputy
Superintendent of Police [2003(1) KLT 339].
4. This Crl.M.C is, in these circumstances, dismissed, but with
the specific observation that if the petitioner appears before the
learned Judge and applies for bail after giving sufficient prior notice to
the Prosecutor in charge of the case, the learned Judge must proceed
to pass appropriate orders on merits and expeditiously – on the date of
surrender itself.
(R.BASANT, JUDGE)
rtr/-
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