IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4447 of 2007()
1. SHAFI, S/O.HAMEED, AGED 30 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/07/2007
O R D E R
R.BASANT, J
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B.A.No.4447 of 2007
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Dated this the 24th day of July, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations
of having committed offences punishable, inter alia, under Section 27
of the Arms Act. The alleged incident took place in the year 2000.
Final report was filed. The co-accused have faced trial. The 3rd
accused has been convicted. Consequent to non appearance of the
petitioner, a warrant of arrest issued by the learned Magistrate is
chasing him.
2. According to the petitioner, he is absolutely innocent. His
absence was not wilful. The petitioner is willing to surrender before
the learned Magistrate and seek regular bail. He apprehends that his
application for bail may not be considered by the learned Magistrate
on merits, in accordance with law and expeditiously. It is therefore
prayed that directions under Section 438 Cr.P.C may be issued in
favour of the petitioner.
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 have no reason to assume that the learned Magistrate
would not consider such application on merits, in accordance with law
B.A.No.4447 of 2007 2
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].
3. This application for anticipatory bail 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.
(R.BASANT, JUDGE)
rtr/-