High Court Kerala High Court

Santhosh Mathew vs K.Rajan on 11 July, 2008

Kerala High Court
Santhosh Mathew vs K.Rajan on 11 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2617 of 2008()


1.  SANTHOSH MATHEW,S/O. ABRAHAM MATHEW
                      ...  Petitioner

                        Vs



1. K.RAJAN, POWER OF ATTORNEY HOLDER OF
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY THE

                For Petitioner  :SRI.C.A.JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :11/07/2008

 O R D E R
                            R. BASANT, J.
                  - - - - - - - - - - - - - - - - - - - - - -
                   Crl.M.C.No. 2617 of 2008
                  - - - - - - - - - - - - - - - - - - - - - -
               Dated this the 11th day of July, 2008

                               O R D E R

The petitioner faces indictment in a prosecution under

Section 138 of the N.I. Act. Cognizance was taken as early as in

2005. Petitioner was not available and at long last he was

arrested and produced before the learned Magistrate on

24.4.2008. It is submitted that he was released on bail on that

day. The case was posted to 25.4.2008 and on that day the

petitioner did not appear. A warrant of arrest was issued against

the petitioner. He finds such coercive processes chasing him. He

apprehends imminent arrest.

2. According to the petitioner he is absolutely innocent.

His absence was not willful or deliberate, but on account of

reasons beyond his control. He was laid up. The case of the

petitioner that he was laid up on 25.4.2008 when he was directed

to appear does certainly deserve more careful scrutiny. He is

Crl.M.C.No. 2617 of 2008
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willing to surrender before the learned Magistrate, but he apprehends

that his application for bail may not be considered by the learned

Magistrate on merits, in accordance with law and expeditiously.

3. It is certainly 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 application for bail to be filed by the petitioner when he

surrenders before the learned Magistrate 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 by this Court in the decision in Alice George

v. Dy.S.P. of Police (2003 (1) KLT 339).

4. This application is accordingly dismissed. I may however

hasten to observe 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

Crl.M.C.No. 2617 of 2008
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proceed to pass orders on merits, in accordance with law and

expeditiously – on the date of surrender itself.

(R. BASANT)
Judge
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