IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3875 of 2006()
1. SUBAIR BUHAREE,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/11/2006
O R D E R
R. BASANT, J.
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CRL.M.C.NO. 3875 OF 2006
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Dated this the 24th day of November, 2006
ORDER
The petitioner is an accused in a prosecution under
Sec.394 of the IPC. The case has been charge sheeted. The
petitioner has not appeared before the learned Magistrate.
after cognizance was taken, though it is said that he was
enlarged on bail earlier at the stage of investigation. Non-
bailable warrants have been issued by the learned Magistrate.
Steps under Secs.82 and 83 of the Cr.P.C. have been
initiated. The petitioner, in these circumstances, wants to
surrender before the learned Magistrate and seek regular
bail. The petitioner apprehends that his application for
regular bail may not be considered by the learned Magistrate
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 Magistrate to release him
on bail when he appears before the learned Magistrate.
2. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the
CRL.M.C.NO. 3875 OF 2006 -: 2 :-
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 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).
3. In the result, this Crl.M.C. is dismissed; but with the
observation that if the petitioner surrenders before the learned
Magistrate and seeks 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 compelling
and exceptional reasons are there.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy// P.S. To Judge