High Court Kerala High Court

T.C.Joshy vs State Of Kerala Represented on 16 October, 2007

Kerala High Court
T.C.Joshy vs State Of Kerala Represented on 16 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 6393 of 2007()


1. T.C.JOSHY, S/O.CHANDRAN,KALLUVEETTIL
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.C.P.RAVIKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :16/10/2007

 O R D E R
                         R. BASANT, J.
           -------------------------------------------------
                   B.A. No. 6393 OF 2007
           -------------------------------------------------
          Dated this the 16th day of October, 2007

                              ORDER

The petitioner faces indictment in a prosecution under

Sec.138 of the Negotiable Instruments Act. Cognizance was

taken as early as in 2005. The petitioner has not entered

appearance so far. A warrant of arrest issued by the learned

Magistrate is chasing the petitioner.

2. According to the petitioner, he is absolutely innocent.

His absence earlier was not wilful or deliberate. According to

the petitioner, he has not been served at all. In these

circumstances, the petitioner is willing 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

B.A. No. 6393 OF 2007 -: 2 :-

before the learned Magistrate.

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 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).

4. In the result, this bail application 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.

Sd/-


                                          (R. BASANT, JUDGE)


Nan/

           //true copy.//        P.S. to Judge