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ALI, S/O.ALAVI, ANTHEMPURATH VEEDU versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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ALI, S/O.ALAVI, ANTHEMPURATH VEEDU v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 2001 of 2007 [2007] RD-KL 10958 (22 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2001 of 2007()

1. ALI, S/O.ALAVI, ANTHEMPURATH VEEDU,
... Petitioner

Vs

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

For Petitioner :SRI.E.R.VENKATESWARAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :22/06/2007

O R D E R

R.BASANT, J.

Crl.M.C.No.2001 of 2007

Dated this the 22nd day of June 2007

O R D E R

The petitioner faces indictment for offences punishable inter alia under Section 354 I.P.C. All offences alleged are compoundable, asserts the learned counsel for the petitioner. The petitioner is the second accused. The case against the first accused has already been settled and compounded and proceedings against him terminated. The petitioner could not appear before the learned Magistrate and in these circumstances the petitioner finds a warrant of arrest and coercive steps issued against him by the learned Magistrate chasing him. The petitioner submits that he is absolutely innocent. The matter has been settled and the offence has been compounded by the complainant. The petitioner is willing to surrender before the learned Magistrate. He apprehends that the applications for composition and bail to be filed by him when he appears shall not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances, prayed that powers under Section 482 Cr.P.C may be invoked and appropriate directions may be issued.

2. I find no merit in the prayer for invocation of the powers under Section 482 Cr.P.C. When composition is reported, the learned Crl.M.C.No.2001/07 2 Magistrate must dispose of the application for composition expeditiously. 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 the learned Magistrate. I find absolutely no reason to assume that the learned Magistrate would not consider the applications for bail and composition 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 and composition, 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.2001/07 3 Crl.M.C.No.2001/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


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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