IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 631 of 2007()
1. YAHOO, S/O.MOIDU, NADUKKANDI HOUSE,
... Petitioner
2. ABDUL NAZAR, S/O.YAHOO,
Vs
1. STATION HOUSE OFFICER,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :08/03/2007
O R D E R
R. BASANT, J.
-------------------------------------------------
CRL.M.C.NO. 631 OF 2007
-------------------------------------------------
Dated this the 8th day of March, 2007
ORDER
The petitioners are accused 1 and 2 in a prosecution,
inter alia, under Sec.324 read with Sec.149 of the IPC.
Altogether, there were six accused persons. Accused Nos.3, 4
and 5 have already been found not guilty and acquitted. The
case against the petitioners has been split up. It is now
pending as C.C.No.685/06 before the learned Magistrate. As
the petitioners were not available, warrants of arrest have
been issued by the learned Magistrate. The petitioners find
such warrants of arrest chasing them. The petitioners, in
these circumstances, want to surrender before the learned
Magistrate and seek regular bail. The petitioners apprehend
that their 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
petitioners have come to this Court for a direction to the
learned Magistrate to release them on bail when they appear
before the learned Magistrate.
CRL.M.C.NO. 631OF 2007 -: 2 :-
2. It is for the petitioners to appear before the learned
Magistrate and explain to the learned Magistrate the
circumstances under which they could not earlier appear before
the learned Magistrate. I have no reason to assume that the
learned Magistrate would not consider the petitioners’
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 petitioners surrender before the learned
Magistrate and seek 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 and
expeditiously – on the date of surrender itself, unless compelling
and exceptional reasons are there.
Sd/-
(R. BASANT, JUDGE)
HO
Nan/
//true copy// P.S. To Judge