IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7985 of 2007()
1. V.SUBRAMANIAN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.VINOD KUMAR.C
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2007
O R D E R
R. BASANT, J.
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B.A. No.7985 OF 2007
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Dated this the 19th day of December, 2007
ORDER
The petitioner faces indictment in a prosecution for
offences punishable, inter alia, under Sec.420 of the IPC.
Cognizance has already been taken by the learned Magistrate.
The petitioner has not entered appearance. A warrant of
arrest is issued by the learned Magistrate to procure the
presence of the petitioner. The petitioner finds such warrant
of arrest chasing him.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing
to appear before the learned Magistrate. 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
B.A. No.7985 OF 2007 -: 2 :-
the petitioner has come to this Court for a direction to the
learned Magistrate to release him on bail when he appears
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
B.A. No.7985 OF 2007 -: 3 :-
and expeditiously – on the date of surrender itself.
5. Hand over a copy of this order to the learned counsel for
the petitioner.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge