Rajendran vs State Of Kerala on 13 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 356 of 2007()


1. RAJENDRAN, S/O. BHADRAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :13/02/2007

 O R D E R
                                 R.BASANT, J

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

                          Crl.M.C.No.356  of 2007

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

               Dated this the 13th day of February  2007




                                   O R D E R

The petitioner faces indictment in a prosecution under the

Kerala Abkari Act. Investigation is complete. Final report has

been filed. Committal proceedings has been registered. The

petitioner, who is the first accused, has not been arrested. The

learned Magistrate has issued coercive process against the

petitioner for his arrest in C.P.No.156/2006. The petitioner is

willing to surrender before the learned Magistrate. He

apprehends that the learned Magistrate may not consider his

application for bail on merits, in accordance with law and

expeditiously. In these circumstances, he has come to this court

with the prayer that directions may be issued under Section 482

Cr.P.C to release the petitioner on bail when he appears before

the learned Magistrate.

2. 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.

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3. I find absolutely no reason to assume that the learned

Magistrate would not consider the application for bail to be filed

by the petitioner on merits, in accordance with law and

expeditiously. Every court must do the same. No special or

specific directions appear to be necessary. Sufficient general

directions have been issued in Alice George vs. Deputy

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

the fact that the offence is triable exclusively by a court of

Sessions, the learned Magistrate must consider the application

for bail on merits.

4. In the result, this Crl.M.C is dismissed but with the

specific observation that if the petitioner surrenders 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, in

accordance with law and expeditiously – on the date of surrender

itself unless there are compelling reasons.

Hand over copy of this order to the learned counsel for the

petitioner.

(R.BASANT, JUDGE)

jsr

Crl.M.C.No.356/07 3

Crl.M.C.No.356/07 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006