IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2968 of 2008()
1. RAJENDRAN, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESNTED BY
... Respondent
For Petitioner :SRI.THOMAS M.JACOB
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. 2968 of 2008
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Dated this the 6th day of August, 2008
O R D E R
The petitioner is the sole accused in a prosecution for
offences punishable, inter alia, under Sections 324 and 354 I.P.C.
All offences alleged are bailable, it is submitted. Final report
has already been filed. Cognizance has been taken. He had
entered appearance before the learned Magistrate and was
enlarged on bail. He was appearing in court and participating in
the proceedings for some time, but thereafter he did not/could not
appear and consequently coercive processes have been issued
against him. The case against him has been transferred to the list
of long pending cases now. The petitioner finds the processes
issued by the learned Magistrate chasing him.
2. According to the petitioner he is absolutely innocent.
His absence was not willful or deliberate, but on account of
reasons beyond his control. He is willing to surrender before the
learned Magistrate, but he apprehends that his application for
Crl.M.C.No. 2968 of 2008
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bail may not be considered by the learned Magistrate on merits, in
accordance with law and expeditiously.
3. It is certainly 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 Sessions Magistrate would
not consider the application for bail to be filed by the petitioner when
he surrenders before the learned Magistrate 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
Magistrate and applies for bail after giving sufficient prior notice
to the Prosecutor in charge of the case, the learned Magistrate must
Crl.M.C.No. 2968 of 2008
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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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