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ANILKUMAR, S/O APPUKUTTAN PILLAI v. STATE OF KERALA REPRESENTED BY - Crl MC No. 1941 of 2007  RD-KL 10419 (18 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 1941 of 2007()
1. ANILKUMAR, S/O APPUKUTTAN PILLAI,
1. STATE OF KERALA REPRESENTED BY
2. THE S.I. OF POLICE,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.No.1941 of 2007
Dated this the 18th day of June 2007
O R D E RThe petitioner faces indictment in a prosecution for the offences punishable inter alia under Section 354 read with 34 I.P.C. All offences are bailable. The petitioner had appeared before the learned Magistrate and was enlarged on bail. He could not comply with the direction to appear before the Lok Adalath on a given date. Whatever that be, now he finds that a warrant of arrest issued by the learned Magistrate is chasing him. He is willing to surrender before the learned Magistrate but apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He has therefore come to this court with the prayer that directions under Section 482 Cr.P.C may be issued.
2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances under which he could not earlier appear before Crl.M.C.No.1941/07 2 the learned Magistrate. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339].
3. In the result, this Criminal Miscellaneous Case is 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 Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner.
(R.BASANT, JUDGE)jsr // True Copy// PA to Judge Crl.M.C.No.1941/07 3 Crl.M.C.No.1941/07 4
ORDER21ST DAY OF MAY2007
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