IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5652 of 2007()
1. SALI, S/O. HAMEED,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/09/2007
O R D E R
R.BASANT, J
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B.A.No.5652 of 2007
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Dated this the 19th day of September, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations
for offences punishable, inter alia, under Section 27 of the Arms Act.
Investigation is complete. Final report has already been filed. The
petitioner was not available for trial. The co-accused were available
for trial. One of them has been found not guilty and acquitted. The
case against the petitioner has been split up and transferred to the list
of Long Pending Cases. Coercive processes have been issued by the
learned Magistrate. The petitioner finds a warrant of arrest issued by
the learned Magistrate chasing him.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. His absence earlier was not wilful.
He is willing to appear 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. It is therefore prayed that directions under Section
482 Cr.P.C may be issued in favour of the petitioner.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
2
under which he could not earlier appear before the learned Magistrate.
I have no reason to assume that the learned Magistrate would not
consider such application 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 in Alice George v. The Deputy Superintendent
of Police [2003(1) KLT 339].
4. This bail application is, in these circumstances, dismissed,
but with the specific observation 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 proceed to pass appropriate orders on merits and expeditiously –
on the date of surrender itself.
(R.BASANT, JUDGE)
rtr/-