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BENNY, S/O.KAKKASSERY ITOOP v. STATE OF KERALA REP. BY PUBLIC - Crl MC No. 2122 of 2007  RD-KL 11685 (2 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2122 of 2007()
1. BENNY, S/O.KAKKASSERY ITOOP,
1. STATE OF KERALA REP. BY PUBLIC
For Petitioner :SRI.RAJIT
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.2122 of 2007
Dated this the 2nd day of July, 2007
O R D E RThe petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to his non appearance, the learned Magistrate has issued a non bailable warrant of arrest against the petitioner. According to the petitioner, he is innocent. His absence was not wilful. He is prepared to surrender before the learned Magistrate. But the petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. Therefore it is prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner.
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 the learned Magistrate. I have no 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]. Crl.M.C.No.2122 of 2007 2
3. This Crl.M.C is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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.
4. Hand over a copy of this order to the learned counsel for the petitioner.
(R.BASANT, JUDGE)rtr/- Crl.M.C.No.2122 of 2007 3
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