Over 2 lakh Indian cases. Search powered by Google!

Case Details

NARAYANA DAS ALIAS DEVADAS versus S.H.O.PALAKKAD TOWN NORTH POLICE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


NARAYANA DAS ALIAS DEVADAS v. S.H.O.PALAKKAD TOWN NORTH POLICE - Crl MC No. 142 of 2007 [2007] RD-KL 1321 (17 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 142 of 2007()

1. NARAYANA DAS ALIAS DEVADAS,
... Petitioner

Vs

1. S.H.O.PALAKKAD TOWN NORTH POLICE
... Respondent

For Petitioner :SRI.GEORGE SIMON

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :17/01/2007

O R D E R

R. BASANT, J.


- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 142 of 2007
- - - - - - - - - - - - - - - - - - - - - -

Dated this the 17th day of January, 2007

O R D E R

The petitioner faces indictment in a prosecution under Section 379 r/w. 34 I.P.C. The case was initially registered as Crime No.3 of 2002 and later as C.C.No.410 of 2002. Consequent to the non- availability of the petitioner, the case against him was transferred to the list of long pending cases and is now pending before the learned Magistrate as L.P. 60 of 2004.

2. The petitioner now wants to surrender before the learned Magistrate. The learned counsel for the petitioner submits that the petitioner has valid reasons to explain why he could not appear before the learned Magistrate earlier. He apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail and to expeditiously dispose of the case against him. Crl.M.C.No. 142 of 2007 2

3. It is certainly 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 application for bail 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339).

4. This Crl.M.C. is accordingly dismissed, but subject to the above observations/directions. I may hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself unless there are compelling reasons. Needless to say, every effort must be made by the learned Magistrate to expeditiously dispose of the case. Sd/- (R. BASANT) Judge tm //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.