High Court Kerala High Court

P.K.Sasikumar vs The State Of Kerala on 12 January, 2007

Kerala High Court
P.K.Sasikumar vs The State Of Kerala on 12 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 93 of 2007()


1. P.K.SASIKUMAR, AGED 43,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :12/01/2007

 O R D E R
                                  R. BASANT, J.

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                       Crl.M.C.Nos. 93, 95, 96, 97, 99

                              100 & 103  of   2007

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                 Dated this the 12th  day of   January, 2007


                                      O R D E R

The petitioners are accused in various prosecutions, all under

Section 138 of the N.I. Act, pending before the J.F.C.M. Court,

Ottapalam. They are co-accused together in some cases. In the

others they face prosecutions separately. The petitioners had

appeared before the learned Magistrate in one case initially. They

were enlarged on bail. But subsequently there has been no

appearance. In some other cases they had not entered appearance at

all. Warrants to procure their presence is pending in all these cases

against them.

2. The petitioners now want to appear before the learned

Magistrate. They apprehend that when they appear before the learned

Magistrate the learned Magistrate may not consider their applications

for bail on merits, in accordance with law and expeditiously. They

have hence come to this court with a request that directions under

Section 482 Cr.P.C. may be issued in their favour directing the

learned Magistrate to release them on bail.

Crl.M.C.Nos. 93/07 & connected cases

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3. I find no merit in the prayer. It is certainly for the petitioners to

appear before the learned Magistrate and explain to the learned Magistrate

the circumstances under which they could not earlier appear before the

learned Magistrate. I have no reason to assume that in these prosecutions

under Section 138 of the N.I. Act the learned Magistrate would remand

them to custody without considering their applications 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).

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

observations/directions. I may hasten to observe that if the petitioners

appear before the learned Magistrate and apply 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.

HO                                                        (R. BASANT)

tm                                                              Judge


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