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ALI @ BAVA versus STATE OF KERALA

High Court of Kerala

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ALI @ BAVA v. STATE OF KERALA - Crl MC No. 3914 of 2006 [2006] RD-KL 2076 (29 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3914 of 2006()

1. ALI @ BAVA, S/O. MUHAMMED KUTTY
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.VINOD KUMAR.C

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :29/11/2006

O R D E R

R.BASANT, J

Crl.M.C.No.3914 of 2006

Dated this the 29th day of November 2006

O R D E R

The petitioner is the 25th accused in S.T.No.258 of 2001. He faces allegations interalia under Section 436 read with 149 I.P.C. Consequent to the inability/failure of the petitioner to appear before the learned Sessions Judge, the learned Sessions Judge had issued a non-bailable warrant to secure the presence of the petitioner and the petitioner finds the said warrant chasing him. The petitioner has rushed to this court with this petition under Section 482 Cr.P.C and the short prayer is that when the petitioner appears before the learned Sessions Judge, he may be directed to be released on bail.

2. It is certainly for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge the circumstances under which he could not earlier appear before the learned Sessions Judge. I have no reason to assume that the learned Sessions Judge would not consider the said cause on merits, in accordance with law and expeditiously. No specific or special directions appear to be necessary. Sufficient general directions have already been issued in Alice George v. Deputy Superintendent of Police [2003(1)KLT 339]. Every court worth its salt must dispose of Crl.M.C.No.3914/06 2 such application for bail, by the person who surrenders, expeditiously and on merits.

3. In the result, this Crl.M.C is dismissed but with the specific observation that if the petitioner surrenders before the learned Sessions Judge and applies for bail, after giving sufficient prior notice to the prosecutor in charge of the case, the learned Judge must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself, unless there are compelling and exceptional reasons. Hand over copy of this order to the learned counsel for the petitioner, for production before the learned Sessions Judge.

(R.BASANT, JUDGE)

jsr Crl.M.C.No.3914/06 3 Crl.M.C.No.3914/06 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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