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
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.
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
5. Hand over copy of this order to the learned counsel
for the petitioner.
CRL.M.C.No. of 2008