IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 824 of 2007()
1. T.G.VIJAYAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/03/2007
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 824 of 2007
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 21st day of March, 2007
O R D E R
The petitioner faces indictment in a prosecution under Section
138 of the N.I. Act. He has not entered appearance. According to
him, he did not receive any summons. The learned Magistrate issued
non-bailable warrant to procure his presence. He is willing to
surrender before the learned Magistrate. But he apprehends that his
application for bail may not be considered by the learned Magistrate
on merits, in accordance with law and expeditiously. It is in these
circumstances prayed that appropriate directions may be issued to the
learned Magistrate to release the petitioner on bail on the date of
surrender itself.
2. It is certainly 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 application for bail on merits, in accordance
with law and expeditiously. Every court must do the same. No
Crl.M.C.No. 824 of 2007
2
special or specific direction appears to be necessary. Sufficient general
directions have already been issued by this Court in the decision in Alice
George v. Dy.S.P. of Police (2003 (1) KLT 339).
3. This Crl.M.C. is accordingly dismissed, but subject to the above
observations/directions. I may hasten to observe 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
tm