High Court Kerala High Court

T.Asokan vs Sub Inspector Of Police on 23 July, 2008

Kerala High Court
T.Asokan vs Sub Inspector Of Police on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2768 of 2008()


1. T.ASOKAN, THACHAMBALATH, REENA NIVAS,
                      ...  Petitioner

                        Vs



1. 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 :23/07/2008

 O R D E R
                            R.BASANT, J.
                         ----------------------
              Crl.M.C.Nos.2768, 2771 and 2781 of 2008
                     ----------------------------------------
                Dated this the 23rd day of July 2008

                                O R D E R

The petitioner is the sole accused in three different

prosecutions all pending before the same court. In two

prosecutions offences alleged are bailable. In one prosecution a

non-bailable offence has also been alleged against the petitioner.

The petitioner had entered appearance before the learned

Magistrate. Cognizance was taken as early as in 2004 in two cases

and in 2006 in another. When the case was posted for trial, the

petitioner did not appear before the learned Magistrate. His

counsel was also not present. Application was filed through

sureties to condone the absence of the petitioner and post the case

to another date. The learned Magistrate did not accept the said

request. Non-bailable warrant of arrest was issued against the

petitioner. Such coercive processes are chasing the petitioner now.

The petitioner apprehends imminent arrest in execution of such

processes.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. His absence earlier was not wilful

or deliberate. The petitioner is willing to surrender before the

learned Magistrate and seek regular bail. But he apprehends that

his application for bail may not be considered by the learned

Crl.M.C.No.2768/08 & conn.cases 2

Magistrate on merits, in accordance with law and expeditiously.

He, therefore, prays that directions under Section 482 Cr.P.C. may

be issued to the learned Magistrate to release the petitioner on bail

when he appears and applies for bail.

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 find absolutely no reason to assume that the

learned Magistrate would not consider the application for bail to be

filed 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].

4. 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.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.2768/08 & conn.cases 3

Crl.M.C.No.2768/08 & conn.cases 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008