Over 2 lakh Indian cases. Search powered by Google!

Case Details

PARAKKUZHY DEVANAND, S/O. KUTTAN versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


PARAKKUZHY DEVANAND, S/O. KUTTAN v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 2216 of 2007 [2007] RD-KL 12738 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2216 of 2007()

1. PARAKKUZHY DEVANAND, S/O. KUTTAN,
... Petitioner

Vs

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

2. STATION HOUSE OFFICER, PERINTHALMANNA

For Petitioner :SRI.DILIP MOHAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :11/07/2007

O R D E R

R. BASANT, J.

Crl.M.C. NO. 2216 OF 2007

Dated this the 11th day of July, 2007

ORDER

The petitioner faces indictment in a prosecution, inter alia, under Sec.332 of the IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. But the petitioner (the 2nd accused) did not appear before the learned Magistrate on a date of posting obliging the learned Magistrate to issue a non-bailable warrant of arrest against the petitioner. The petitioner now finds a warrant of arrest issued by the learned Magistrate chasing him. According to the petitioner, he is absolutely innocent. His absence was not wilful. The petitioner is willing to surrender before the learned Magistrate and co-operate with the court for the expeditious disposal of the case against him. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits in Crl.M.C. NO. 2216 OF 2007 -: 2 :- accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate.

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 the petitioner's application for regular bail on merits in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339).

3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 Crl.M.C. NO. 2216 OF 2007 -: 3 :- expeditiously - on the date of surrender itself.

4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.