IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3341 of 2008()
1. SATHEESH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :03/09/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No. 3341 of 2008
-------------------------------------------------
Dated this the 3rd day of September, 2008
ORDER
The petitioner faces indictment as 3rd accused in a
prosecution for offences punishable under Secs.308 and 324
read with Sec.149 IPC. Investigation is complete. Final report
has already been filed. The case has been committed to the
Court of Session. The case has been numbered and is pending
before the Sessions Court. The petitioner, who is employed
abroad, could not appear before the learned Sessions Judge
after committal and, in these circumstances, coercive
processes have been issued against the petitioner by the
learned Sessions Judge. Such processes are chasing the
petitioner now. The petitioner apprehends imminent arrest in
execution of such processes.
2. According to the petitioner, he is absolutely innocent.
Crl.M.C. No. 3341 of 2008 -: 2 :-
His absence earlier was not wilful or deliberate. The petitioner,
in these circumstances, wants to surrender before the learned
Sessions Judge and seek regular bail. The petitioner apprehends
that his application for regular bail may not be considered by the
learned Sessions Judge on merits, in accordance with law and
expeditiously. It is, in these circumstances, that the petitioner
has come to this Court for a direction to the learned Sessions
Judge to release him on bail when he appears before the learned
Sessions Judge.
3. It is for the petitioner to appear before the learned
Sessions Judge and explain to the learned Sessions Judge the
circumstances under which he could not earlier appear before
the learned Sessions Judge. I have no reason to assume that the
learned Sessions Judge 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).
4. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Crl.M.C. No. 3341 of 2008 -: 3 :-
Sessions Judge and seeks bail, after giving sufficient prior notice
to the Prosecutor in charge of the case, the learned Sessions
Judge must proceed to pass appropriate orders on merits and
expeditiously – on the date of surrender itself.
(R. BASANT, JUDGE)
Nan/