IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6765 of 2007()
1. SANGEETH K.D.,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/11/2007
O R D E R
R. BASANT, J.
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B.A. No. 6765 OF 2007
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Dated this the 1st day of November, 2007
ORDER
The petitioner faces indictment in a prosecution under
Sec.138 of the Negotiable Instruments Act. Cognizance has
been taken. The petitioner had entered appearance through
counsel. His absence earlier was condoned; but later he did
not appear before court. A warrant of arrest has been issued
by the learned Magistrate against the petitioner. The petitioner
finds such a warrant of arrest issued by the learned Magistrate
chasing him. According to the petitioner, he is absolutely
innocent. His absence earlier was not wilful or deliberate. 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
B.A. No. 6765 OF 2007 -: 2 :-
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
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 bail application 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
B.A. No. 6765 OF 2007 -: 3 :-
Magistrate must proceed to pass appropriate orders on merits
and expeditiously – on the date of surrender itself.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge