IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1099 of 2007()
1. SAJAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/04/2007
O R D E R
R. BASANT, J.
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CRL.M.C.NO.1099 OF 2007
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Dated this the 4th day of April, 2007
ORDER
The petitioner faces indictment in a prosecution, inter
alia, under Sec.307 read with Sec.149 of the IPC. The
petitioner has not appeared before the learned Magistrate.
Consequently a warrant of arrest has been issued against the
petitioner by the learned Magistrate. The petitioner, in these
circumstances, wants to surrender before the learned
Magistrate and seek regular bail. The petitioner 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.
2. It is for the petitioner to appear before the learned
CRL.M.C.NO.1099 OF 2007 -: 2 :-
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).
3. 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
expeditiously – on the date of surrender itself, unless compelling
and exceptional reasons are there.
4. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/ //true copy// P.S. To Judge