IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3304 of 2008()
1. VAHID, S/O. MUHAMED KASIM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. STATION HOUSE OFFICER,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/09/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 3304 of 2008
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Dated this the 1st day of September, 2008
O R D E R
The petitioner faces indictment in a prosecution for the
offences punishable under Sections 498A I.P.C. The petitioner
was not arrested at the crime stage. Investigation is complete.
Final report was filed. Cognizance has been taken as early as in
2003, as is evident by the number assigned to the case by the
JFMC, Kottarakkara, C.C. 1157 of 2003. The petitioner has not
entered appearance so far. The case against him has been
transferred to the list of long pending cases. Coercive processes
have been issued against him by the learned Magistrate. The
petitioner apprehends imminent arrest.
2. According to the petitioner he is absolutely innocent.
His absence was not willful or deliberate, but on account of
reasons beyond his control. 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.
Crl.M.C.No. 3304 of 2008
2
3. 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 to be filed by the petitioner when he
surrenders before the learned Magistrate on merits, in accordance with
law and expeditiously. Every court must do the same. No 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).
4. This application is accordingly dismissed. I may however
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.
(R. BASANT)
Judge
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