IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 571 of 2007()
1. SANTOSH K.K,AGED 41 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. S.I. OF POLICE,
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/03/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.571 of 2007
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Dated this the 2nd day of March, 2007
ORDER
The petitioner faces indictment in a prosecution, inter alia, under
Section 304 A I.P.C. The case was registered as early as in 2003. The
petitioner has not appeared before the learned Magistrate. According
to him, he was blissfully unaware of the proceedings which have been
initiated against him. No notice or summons was ever served on him.
The petitioner now finds himself in the unenviable predicament of a
warrant of arrest issued by the learned Magistrate chasing him.
2. The petitioner is prepared 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. He has therefore come to this Court with a prayer
that directions under Section 482 Cr.P.C may be issued to the learned
Magistrate to release him on bail on the date of his appearance itself.
3. I find no reason to invoke the powers under Section 482
Cr.P.C. 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 such
Crl.M.C.No.571 of 2007 2
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 Crl.M.C 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, unless exceptional and compelling
reasons are there.
(R.BASANT, JUDGE)
rtr/-