IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 1163 of 2007()
1. SUJATHA KUMAR @ RAMANAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :12/04/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 1163 of 2007
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Dated this the 12th day of April, 2007
O R D E R
The petitioner is the 4th accused in a prosecution under Section
302 r/w. 34 I.P.C. The alleged occurrence took place in 1995. The
petitioner was granted anticipatory bail as per Annex.I order. Final
report was filed and the committal proceedings were registered in
1996. The Sessions Case was registered in 1997. As the petitioner
was not available for trial, the trial against the co-accused proceeded.
One of them was found guilty and convicted and the others were
found not guilty and acquitted. The proceedings is now pending as
committal proceedings. The petitioner has not appeared before the
Investigating Officer or the learned Magistrate, inspite of Annex.I
order. At this belated hour, the petitioner wants to surrender before
the learned Magistrate. The learned counsel for the petitioner
submits that the petitioner apprehends that the learned Magistrate
may not consider his application for bail on merits, in accordance
with law and expeditiously.
Crl.M.C.No. 1163 of 2007
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2. The learned counsel further points out that in the judgment
rendered by the learned Sessions Judge, which has been upheld by this
Court later, there has been categoric observations, which would indicate
that the petitioner is not guilty of any offence. The short prayer of the
petitioner is that the learned Magistrate may be directed to consider his
application for bail on merits and dispose of the same expeditiously. There
may be a positive direction to grant bail to the petitioner, it is further
prayed.
3. I am of the opinion that the petitioner must appear before the
learned Magistrate and apply for bail. He must explain to the learned
Magistrate the circumstances under which he could not earlier appear
before the learned Magistrate. He must also advance his contention when
the application is considered that he is entitled for bail. In advancing this
contention, needless to say, he can rely on the earlier order of anticipatory
bail passed by the learned Sessions Judge as also the observations in his
favour rendered by the Sessions Judge in the trial judgment and this court in
the appellate judgment. Suffice it to say that the learned Magistrate must
consider the application on merits and expeditiously. I have no reason to
assume that the learned Magistrate would not do the same.
Crl.M.C.No. 1163 of 2007
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3. This Crl.M.C. is accordingly dismissed, but subject to the
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 orders on
merits, in accordance with law and expeditiously – on the date of surrender
itself.
4. Hand over copy of the order.
(R. BASANT)
Judge
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