IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 276 of 2008()
1. VADAKKEDATH RAJAN, S/O.KUNHAPPAN NAIR,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/01/2008
O R D E R
R. BASANT, J.
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B.A. Nos. 276 & 278 OF 2008
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Dated this the 11th day of January, 2008
ORDER
These petitions are filed by the common petitioner
against whom prosecutions under Sec.138 of the Negotiable
Instruments Act are pending in two different courts. The
prosecutions are initiated by different complainants also.
Though the proceedings were initiated much earlier, the
petitioner has not entered appearance and the cases against
him stand transferred to the list of Long Pending Cases.
Reckoning the petitioner as an absconding accused, warrants
of arrest have been issued by the learned Magistrates against
the petitioner. The petitioner finds such warrants of arrest
chasing him now.
2. According to the petitioner, he is absolutely innocent.
His absence earlier before the courts was not wilful or
B.A. Nos. 276 &
278 OF 2008 -: 2 :-
deliberate. He is willing to surrender before the courts
concerned and seek regular bail. The petitioner apprehends that
his applications for regular bail may not be considered by the
learned Magistrates 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 Magistrates
to release him on bail when he appears before the learned
Magistrates.
3. It is for the petitioner to appear before the learned
Magistrates and explain to the learned Magistrates the
circumstances under which he could not earlier appear before
the learned Magistrates. I have no reason to assume that the
learned Magistrates would not consider the petitioner’s
applications 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, these bail applications are dismissed; but
with the observation that if the petitioner surrenders before the
learned Magistrates and seeks bail, after giving sufficient prior
B.A. Nos. 276 &
278 OF 2008 -: 3 :-
notice to the Prosecutor in charge of the case, the learned
Magistrates must proceed to pass appropriate orders on merits
and expeditiously – on the date of surrender itself.
(R. BASANT, JUDGE)
Nan/