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Navas vs State Of Kerala on 5 December, 2007

Kerala High Court
Navas vs State Of Kerala on 5 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7641 of 2007()


1. NAVAS, S/O.MOIDEEN, KODENDAKARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.SAIJO HASSAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :05/12/2007

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                    B.A. No. 7641 OF 2007
           -------------------------------------------------
        Dated this the 5th day of December, 2007

                              ORDER

The petitioner is the 9th accused. He, along with the co-

accused, faces indictment for allegedly committing the

offences punishable, inter alia, under Sec.302 of the IPC. The

case against the co-accused was committed. They have

already been tried, found not guilty and acquitted, it is

submitted. The petitioner did not appear before the committal

court. His case was not hence committed to the Court of

Session. The same was pending as committal proceedings.

Consequent to the non-appearance of the petitioner, the same

has now been transferred to the list of Long Pending Cases.

Coercive processes issued by the learned Magistrate are

chasing the petitioner now.

2. The petitioner submits that he is absolutely innocent.

B.A. No. 7641 OF 2007 -: 2 :-

His absence earlier was not wilful or deliberate. He had

secured employment abroad and did not know the proceedings

initiated against him. He is willing to surrender before the

learned Magistrate and seek regular 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, 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.

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

B.A. No. 7641 OF 2007 -: 3 :-

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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