Narayana Das Alias Devadas vs S.H.O.Palakkad Town North Police on 17 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 142 of 2007()


1. NARAYANA DAS ALIAS DEVADAS,
                      ...  Petitioner

                        Vs



1. S.H.O.PALAKKAD TOWN NORTH POLICE
                       ...       Respondent

                For Petitioner  :SRI.GEORGE SIMON

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :17/01/2007

 O R D E R
                                  R. BASANT, J.

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                          Crl.M.C.No. 142  of   2007

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                 Dated this the 17th  day of   January, 2007


                                      O R D E R

The petitioner faces indictment in a prosecution under Section

379 r/w. 34 I.P.C. The case was initially registered as Crime No.3 of

2002 and later as C.C.No.410 of 2002. Consequent to the non-

availability of the petitioner, the case against him was transferred to

the list of long pending cases and is now pending before the learned

Magistrate as L.P. 60 of 2004.

2. The petitioner now wants to surrender before the learned

Magistrate. The learned counsel for the petitioner submits that the

petitioner has valid reasons to explain why he could not appear before

the learned Magistrate earlier. He apprehends that his application for

bail may not be considered by the learned Magistrate on merits, in

accordance with law and expeditiously. It is in these circumstances

prayed that appropriate directions may be issued to release the

petitioner on bail and to expeditiously dispose of the case against

him.

Crl.M.C.No. 142 of 2007 2

3. It is certainly 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

application for bail 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 by this

Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT

339).

4. This Crl.M.C. is accordingly dismissed, but subject to the above

observations/directions. I may hasten to observe 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 orders on merits, in accordance with law

and expeditiously – on the date of surrender itself unless there are

compelling reasons. Needless to say, every effort must be made by the

learned Magistrate to expeditiously dispose of the case.

Sd/-

                                                                 (R. BASANT)

                                                                       Judge


tm                //true copy//            P.S. to Judge