Sunilkumar @ Puchasunil vs The State Of Kerala Rep. By on 29 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1724 of 2007()


1. SUNILKUMAR @ PUCHASUNIL,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REP. BY
                       ...       Respondent

                For Petitioner  :SMT.T.SUDHAMANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/05/2007

 O R D E R
                              R.BASANT, J.

                           ----------------------

                        Crl.M.C.No.1724 of 2007

                       ----------------------------------------

                 Dated this the 29th day of May 2007




                                  O R D E R

The petitioner faces indictment in a prosecution interalia

under Section 395 I.P.C. He is the second accused. The

petitioner has not appeared before the learned Magistrate. The

case against him has been registered as C.P.No.185/2006. The

petitioner is now willing to appear before the learned Magistrate

and co-operate in the further progress of the case. The

petitioner apprehends that if he appears before the learned

Magistrate, his application for bail may not be considered by the

learned Magistrate on merits, in accordance with law and

expeditiously. In these circumstances, it is prayed that

appropriate directions may be issued under Section 482 Cr.P.C.

2. 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 find absolutely no reason to assume

that the learned Magistrate would not consider the cause to be

Crl.M.C.No.1724/07 2

shown by the petitioner on merits, in accordance with law and

expeditiously. Every court must do the same. No special or

specific directions appear to be necessary. Sufficient general

directions have been issued in Alice George vs.Deputy

Superintendent of Police [2003(1)KLT 339].

3. In the result, this Criminal Miscellaneous Case is

dismissed but with the specific observation that if the petitioner

surrenders 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, in accordance with law and

expeditiously – on the date of surrender itself.

Hand over copy of this order to the learned counsel for the

petitioner.

                                                     (R.BASANT, JUDGE)

jsr





                          // True Copy//          PA to Judge


Crl.M.C.No.1724/07    3


Crl.M.C.No.1724/07    4


       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007