IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2268 of 2007()
1. SHABEER, S/O.MUHAMMED SALI, MANGULAM
... Petitioner
2. SHANAZ SHABEER, S/O.SHABEER, RESIDING
3. SHADIL SHABEER, S/O.SHABEER, RESIDING
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP; BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :16/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2268 of 2007
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Dated this the 16th day of July, 2007
O R D E R
The petitioners face allegations, inter alia, under Section 308
r/w. 149 I.P.C. In the course of investigation, the petitioners had
obtained anticipatory bail. But they were not arrested by the police,
it is submitted. After the investigation was completed, final report
was filed. The case was committed to the court of Sessions. Before
the Court of Sessions the petitioners did not appear. Consequently
the learned Sessions Judge issued non-bailable warrants to procure
the presence of the petitioners.
2. According to the petitioners they are absolutely innocent.
There was no wilful laches on their part in not appearing before the
learned Judge. They are prepared to appear before the learned
Sessions Judge and seek regular bail. But they apprehend that their
application for bail may not be considered by the learned Judge on
merits, in accordance with law and expeditiously. They contend that
in as much as anticipatory bail having granted to the petitioners, the
learned Sessions Judge should not have issued non-bailable warrants.
Notwithstanding the grant of anticipatory bail earlier, if the indictee
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does not appear before the learned Sessions Judge as summoned or later,
certainly to procure his presence the learned Sessions Judge has the
jurisdiction to issue warrant of arrest.
3. It is certainly for the petitioners to appear before the learned
Judge and explain to the learned Judge the circumstances under which
they could not appear before the learned Sessions Judge. I have no reason
to assume that the learned Judge would not consider the application for bail
to be filed by the petitioners when they surrender before the learned Judge,
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).
3. This application is accordingly dismissed. I may however hasten
to observe that if the petitioners appear before the learned Sessions Judge
and apply for bail after giving sufficient prior notice to the Prosecutor in
charge of the case, the learned Judge must proceed to pass orders on merits,
in accordance with law and expeditiously – on the date of surrender itself.
(R. BASANT)
tm Judge
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