Loading...

Santhosh vs State Of Kerala Through The Sub on 23 January, 2008

Kerala High Court
Santhosh vs State Of Kerala Through The Sub on 23 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 301 of 2008()


1. SANTHOSH, S/O.VIJAYAN, SANTHOSH BHAVAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA THROUGH THE SUB
                       ...       Respondent

                For Petitioner  :SRI.ANCHAL C.VIJAYAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :23/01/2008

 O R D E R
                            R. BASANT, J.


             ````````````````````````````````````````````````````

                      B.A. No. 301 OF 2008 A

             ````````````````````````````````````````````````````

            Dated this the 23rd day of January, 2008


                               O R D E R

Petitioner is the 6th accused and he faces

indictment in a prosecution for offences punishable, inter alia,

under Sections 308 and 326 read with 149 IPC. The

petitioner was released at the crime stage but after the final

report was filed, he could not enter appearance as he was

abroad in connection with his employment. The case against

the petitioner has been split up and the same is transferred to

the list of long pending cases. Coercive processes have been

issued against the petitioner by the learned Magistrate to

procure his presence. The petitioner finds such processes

chasing him now.

2. The learned counsel for the petitioner submits that

the petitioner is absolutely innocent. His absence earlier was

not wilful or deliberate. The petitioner is willing to surrender

BA.301/08

: 2 :

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 438 and/or 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].

BA.301/08

: 3 :

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.

(R.BASANT, JUDGE)

aks

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information