CRL.MC No. 3419 of 2007 · Kerala High Court

R.BASANT, J= = = = = = = = = = = = = Crl.M.C.No. 3419 of 2007= = = = = = = = = = = = = = Dated this the 14th day of November, 2007ORDERThe petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 395 read with 149 IPC.Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committalproceedings has been registered. The petitioner was not arrested at the crime stage or thereafter. Consequent to the non-appearance of the petitioner, coercive processes have been issued against the petitioner by the learned Magistrate in the committal proceedings. The petitioner apprehends imminent arrest.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful. Though he resides 40 ms away from the Beypore Police Station, the petitioner was never informed of the registration of the case orpendency of the proceedings against him. 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, in accordance with law and expeditiously. He therefore prays that adirection may be issued under Section 482 Cr.P.C to the learnedMagistrate to release him on bail when he appears and applies for Crl.M.C.No. 3419 of 20072bail.

It is for the petitioner to appear before the learnedMagistrate and explain to the learned Magistrate the circumstances under which he could not earlier appear before the learnedMagistrate. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. I haveno reason to assume that the learned Magistrate would not consider such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339].

This Crl.M.C. is, in these circumstances, dismissed, but with the specific observation that if the petitioner surrenders before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistratemust proceed to pass appropriate orders on merits and expeditiously-on the date of surrender itself. (R.BASANT, JUDGE)sj/TRUE COPY/P.A.TO JUDGE Crl.M.C.No. 3419 of 20073