R.M.Sailesh Kumar vs State Of Kerala on 1 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 546 of 2007()


1. R.M.SAILESH KUMAR, S/O KARUNAKARAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.WILSON URMESE

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :01/03/2007

 O R D E R
                                  R.BASANT, J

                         ------------------------------------

                           Crl.M.C.No.546 of 2007

                        -------------------------------------

                   Dated this the 1st  day of March, 2007


                                      ORDER

The petitioner is an accused in a prosecution, inter alia, under

Section 452 and 323 read with 149 I.P.C. The petitioner was granted

anticipatory bail by the learned Sessions Judge. The petitioner has

not been served with any summons. But he now finds a non bailable

warrant issued by the learned Magistrate chasing him. The petitioner

is prepared to surrender before the learned Magistrate. The

petitioner, in these circumstances, prays that direction under Section

482 Cr.P.C may be issued to the learned Magistrate to save him from

unnecessary arrest and detention.

2. I find no reason to invoke the powers under Section 482

Cr.P.C. 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 such application 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 in Alice George v. The Deputy

Superintendent of Police [2003(1) KLT 339].

Crl.M.C.No.546 of 2007 2

3. This Crl.M.C is, in these circumstances, dismissed, but

with the specific observation 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 appropriate orders on merits and expeditiously –

on the date of surrender itself.

(R.BASANT, JUDGE)

rtr/-

Crl.M.C.No.546 of 2007 3