IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2461 of 2007()
1. P.J.JOSE, 'ATHIRA', HOUSE NO.31/373,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. C.P.DEVADAS, S/O.SREEDEVI AMMA,
For Petitioner :SRI.BINDU SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/08/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2461 of 2007
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Dated this the 2nd day of August, 2007
O R D E R
The petitioner faces indictment in a prosecution in S.T. 294 of
2005 (not 294 of 1995 as shown in the petition) before the C.J.M.,
Manjeri. Consequent to his non-appearance, the learned Magistrate
has issued a non-bailable warrant to procure the presence of the
petitioner. Other coercive processes have also been taken. The
petitioner now finds such warrant of arrest and coercive processes
chasing him.
2. According to the petitioner he is absolutely innocent. He
has paid the entire amount due to the complainant. But the
complainant is not withdrawing the case. He is willing to surrender
before the learned Magistrate and seek bail. He shall co-operate with
the Court for the expeditious disposal of the case. But he apprehends
that his application for bail may not be considered by the learned
Magistrate on merits, in accordance with law and expeditiously. In
these circumstances it is prayed that appropriate directions may be
issued to the learned Magistrate to release the petitioner on bail on
the date of surrender itself.
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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 to be filed by the petitioner when he surrenders before
the learned Magistrate, 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 application is accordingly dismissed. I may however 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.
(R. BASANT)
tm Judge
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