IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4585 of 2008()
1. VAISAK, S/O.RAMACHANDRAN, AGED 18 YEARS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :27/11/2008
O R D E R
R. BASANT, J.
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Crl.M.C.No. 4585 of 2008
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Dated this the 27th day of November, 2008
O R D E R
The petitioner faces indictment as the 14th accused in a
prosecution for offences punishable, inter alia, under Section
307 r/w. 149 I.P.C. He was not arrested at any stage.
Cognizance has been taken. Committal proceedings has been
registered. Reckoning the petitioner as an absconding accused,
coercive processes have been issued against him. The petitioner
finds such processes issued by the learned Magistrate chasing
him. He 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.
3. It is certainly for the petitioner to appear before the
learned Magistrate and explain to the learned Magistrate the
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circumstances under which he could not earlier appear before the
learned Magistrate. I have no reason to assume that the learned
Sessions 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. Needless to say his
application for bail may be considered in the light of the dictum in
Sukumari v. State of Kerala (2001 (1) KLT 22) also.
5. Hand over the order.
(R. BASANT)
Judge
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