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KADEESAI versus STATE OF KERALA

High Court of Kerala

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KADEESAI v. STATE OF KERALA - Bail Appl No. 4686 of 2006 [2006] RD-KL 421 (8 August 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4686 of 2006()

1. KADEESAI, W/O. MUHAMMED,
... Petitioner

Vs

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

For Petitioner :SRI.MANJERI SUNDERRAJ

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :08/08/2006

O R D E R

R. BASANT, J.


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B.A.No. 4686 of 2006
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Dated this the 8th day of August, 2006

O R D E R

The petitioner is the second accused in a prosecution under Sections 406 and 498A I.P.C. The defacto complainant is her daughter-in-law and the first accused is her son. Investigation is complete. Charge sheet has already been filed. It is submitted that the petitioner was exempted from personal appearance.

2. On 12.6.2006, when the case was posted before the learned Magistrate, the petitioner's son was present before court, but the petitioner's counsel could not reach the court in time. Thereupon a warrant of arrest was issued against the petitioner. The bail bond was also cancelled, it is submitted. The petitioner finds herself in the unenviable predicament of a non-bailable warrant chasing her. She has come to this court with this petition for grant of anticipatory bail.

3. It is for the petitioner to appear before the learned B.A.No. 4686 of 2006 2 Magistrate and explain to the learned Magistrate the circumstances under which she and her counsel could not appear before the learned Magistrate on the last date of posting. I have no reason to assume that the learned Magistrate would not consider the application for bail on merits and expeditiously. Unless compelling reasons are there, I cannot assume that the learned Magistrate would insist on a different set of sureties also now. It is for the Magistrate to exercise his discretion, but realistically and taking note of the submissions to be made by the petitioner.

4. This application is hence dismissed, but with the 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 Magistrate must proceed to pass appropriate orders on merits and expeditiously, on the date of surrender itself, unless there are compelling reasons. (R. BASANT) Judge B.A.No. 4686 of 2006 3 tm


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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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