IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2215 of 2007()
1. UMMER HAJI, S/O.KUNJALAVI HAJI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. STATION HOUSE OFFICER, MELATTOOR
For Petitioner :SRI.DILIP MOHAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C. NO. 2215 OF 2007
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Dated this the 11th day of July, 2007
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Sec.332 read with
Sec.149 of the IPC. Investigation is complete. Cognizance
has been taken. But consequent to the non-appearance of the
petitioner before the learned Magistrate, the petitioner finds a
warrant of arrest issued by the learned Magistrate chasing him
now. According to the petitioner, he is absolutely innocent.
His non-appearance was not wilful or deliberate. The
petitioner is willing to surrender before the learned Magistrate
and co-operate with the court for the expeditious disposal of
the case against him. 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
Crl.M.C. NO. 2215 OF 2007 -: 2 :-
has come to this Court for a direction to the learned Magistrate
to release him on bail when he appears before the learned
Magistrate.
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 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).
3. In the result, this Crl.M.C. 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
Crl.M.C. NO. 2215 OF 2007 -: 3 :-
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