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
