Loading...

Riyaz.P.B. vs State Of Kerala on 18 December, 2008

Kerala High Court
Riyaz.P.B. vs State Of Kerala on 18 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4870 of 2008()


1. RIYAZ.P.B., S/O.MUHAMMED KUNHI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY STATION
                       ...       Respondent

                For Petitioner  :SRI.SURESH KUMAR KODOTH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :18/12/2008

 O R D E R
                          R.BASANT, J.
                       ----------------------
                    Crl.M.C.No.4870 of 2008
                   ----------------------------------------
            Dated this the 18th day of December 2008

                              O R D E R

The petitioner faces indictment as the 6th accused in a

prosecution for offences punishable inter alia under Sections 308

and 324 read with 34 I.P.C. The petitioner has not been arrested

at the crime stage or thereafter. Investigation is complete. Final

report has already been filed. Cognizance has been taken and

committal proceedings has been registered. Reckoning the

petitioner as an absconding accused, coercive processes have

been issued against the petitioner by the learned Magistrate.

The petitioner apprehends imminent arrest in execution of such

processes.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. The petitioner

is willing to surrender before the learned Magistrate and seek

regular bail. But he apprehends that his application for bail may

not be considered by the learned Magistrate on merits, in

accordance with law and expeditiously. He, therefore, prays

that directions 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.

Crl.M.C.No.4870/08 2

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 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].

4. In the result, this petition 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 in the light of Sukumari v. State of Kerala [2001(1)KLT

22]).

5. Hand over copy of this order to the learned counsel

for the petitioner.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.4870/08 3

Crl.M.C.No.4870/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information