IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 117 of 2009()
1. RABIATH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :09/01/2009
O R D E R
R. BASANT, J.
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Crl.M.C. No. 117 of 2009
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Dated this the 9th day of January, 2009
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Sec.308 IPC. The alleged
incident took place as late as on 26/11/08. Apprehending
vexatious arrest, the petitioner applied for anticipatory bail.
To the shock of the petitioner, he learnt that investigation is
already complete and the final report has already been filed in
Crime No.917/08. The anticipatory bail application was
accordingly dismissed. The petitioner now apprehends that he
may be arrested.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. The
petitioner, in these circumstances, wants to surrender before
the learned Magistrate and seek regular bail. The petitioner
Crl.M.C. No. 117 of 2009
apprehends that his application for regular bail may not be
considered by the learned Magistrate on merits, in accordance
with law and expeditiously. It is, in these circumstances, that
the petitioner has come to this Court for a direction to the
learned Magistrate to release him on bail when he appears
before the learned Magistrate.
3. 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 the petitioner’s
application for regular bail on merits, in accordance with law
and expeditiously. No special or specific directions appear to
be necessary. Every court must do the same. Sufficient general
directions on this aspect have already been issued in the decision
reported in Alice George v. Deputy Superintendent of Police
(2003 (1) KLT 339).
4. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Magistrate and seeks 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
Crl.M.C. No. 117 of 2009
expeditiously – on the date of surrender itself. Needless to say,
the application for bail will have to be considered in the light of
the decision in Sukumari v. State of Kerala (2001 (1) KLT 22).
5. Hand over a copy of this order to the learned counsel for
the petitioner.
(R. BASANT, JUDGE)
Nan/