High Court Kerala High Court

P.T.Suresh Babu vs State Of Kerala on 6 August, 2008

Kerala High Court
P.T.Suresh Babu vs State Of Kerala on 6 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2981 of 2008()


1. P.T.SURESH BABU, S/O.THANKAPPAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.PEEYUS A.KOTTAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :06/08/2008

 O R D E R
                            R. BASANT, J.
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                  Crl.M.C.No. 2981 of 2008
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             Dated this the 6th day of August, 2008

                               O R D E R

The petitioner faces indictment in a prosecution for

offences punishable under the P.C. Act. The petitioner was not

arrested at the crime stage, it is submitted. Investigation is

complete. Final report has been filed. Cognizance has been

taken. The matter is pending before the Enquiry Commissioner

and Special Judge, Trichur. Reckoning the petitioner as an

absconding accused, coercive processes have been issued against

the petitioner. The petitioner finds such coercive processes

issued by the learned Special Judge chasing him.

2. According to the petitioner he is absolutely innocent.

His failure/omission to appear earlier was not wilful, but was due

to reasons beyond his control. He is willing to surrender before

the learned Special Judge, but he apprehends that his

application for bail may not be considered by the learned Judge

on merits, in accordance with law and expeditiously. It is in

Crl.M.C.No. 2981 of 2008
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these circumstances prayed that appropriate directions may be issued to

release the petitioner on bail on the date of surrender itself.

3. It is certainly for the petitioner to appear before the learned

Special Judge and explain to the learned Judge the circumstances

under which he could not earlier appear before the learned Judge. I

have no reason to assume that the learned Special Judge would not

consider the application for bail to be filed by the petitioner when he

surrenders before the learned Judge, 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

Special Judge and applies for bail after giving sufficient prior

notice to the Prosecutor in charge of the case, the learned Judge

Crl.M.C.No. 2981 of 2008
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must proceed to pass orders on merits, in accordance with law and

expeditiously – on the date of surrender itself.

5. Hand over the order.

(R. BASANT)
Judge
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