IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 156 of 2007()
1. PRADEEPKUMAR,
... Petitioner
Vs
1. K.V.JOSEPH, AGED 55 YEARS,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.C.K.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/01/2007
O R D E R
R.BASANT, J
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Crl.M.C.Nos.156 & 157 of 2007
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Dated this the 18th day of January, 2007
ORDER
The petitioner faces indictment in two separate prosecutions
under Section 138 of the N.I Act. It is claimed that he is a leading
fireman employed in Government service. He did not appear before
the learned Magistrate and one of the cases has been transferred to
the list of Long Pending Cases by the learned Magistrate. The
petitioner finds himself in the unenviable predicament of warrants of
arrest issued by the learned Magistrate chasing him in these cases.
The petitioner is willing to surrender before the learned Magistrate.
According to the learned counsel for the petitioner, the petitioner has
valid reason to explain his inability to appear before the learned
Magistrate earlier. He apprehends that his application for bail may
not be considered on merits, in accordance with law and expeditiously
by the learned Magistrate. He has hence come to this Court with a
prayer that direction under Section 482 Cr.P.C may be issued to the
learned Magistrate to release the petitioner on bail when he appears
and applies for bail. It is further prayed that appropriate directions
may be issued to ensure that the petitioner is not arrested.
2. I have no reason to assume that the learned Magistrate
would not consider the petitioner’s application for regular bail on
Crl.M.C.Nos.156 & 157 of 2007 2
merits and 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 in
Alice George v. The Deputy Superintendent of Police [2003(1)
KLT 339]. The petitioner must immediately surrender before the
learned Magistrate and apply for bail.
3. These Crl.M.Cs are, in these circumstances, dismissed.
But with the specific observation that if the petitioner appears before
the learned Magistrate and applies for bail, the learned Magistrate
must consider such application for bail on merits, in accordance with
law and expeditiously – on the date of surrender itself, unless there
are compelling reasons.
4. Hand over a copy of this order to the learned counsel for
the petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)
rtr/-