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Y.P. BAIJU, AGED 39 YEARS versus STATE OF KERALA

High Court of Kerala

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Y.P. BAIJU, AGED 39 YEARS v. STATE OF KERALA - Crl MC No. 2246 of 2007 [2007] RD-KL 12930 (12 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2246 of 2007()

1. Y.P. BAIJU, AGED 39 YEARS,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE SUB INSPECTOR OF POLICE,

3. P. SELVARAJ,

For Petitioner :SRI.V.VENUGOPALAN NAIR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :12/07/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2246 of 2007
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Dated this the 12th day of July, 2007

O R D E R

The petitioner faces indictment in a prosecution under Section 138 of the N.I. Actr. Cognizance has been taken. But the petitioner has not entered appearance. Consequently, reckoning him as absconding, the learned Magistrate has issued coercive process against the petitioner. The petitioner finds a non-bailable warrant issued by the learned Magistrate chasing him.

2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful as no notice had ever been served on him. The learned counsel for the petitioner submits that he is willing to appear before the learned Magistrate. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these circumstances it is prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail on the date of surrender itself.

3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances Crl.M.C.No. 2246 of 2007 2 under which he could not earlier appear before the learned Magistrate. I find no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. His bail application, if filed with sufficient prior notice to the Prosecutor, must be disposed of on the date of surrender itself.

4. The petitioner undertakes to appear before the learned Magistrate on 23.7.2007. Till that date the warrant of arrest issued against the petitioner shall not be executed.

5. This Crl.M.C. is accordingly dismissed with the above observations/directions.

6. Hand over copy of the order. (R. BASANT) Judge tm


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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