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AKBAR, S/O. ABDUL RAHIMAN versus STATE

High Court of Kerala

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AKBAR, S/O. ABDUL RAHIMAN v. STATE - REPRESENTED BY S.I. OF POLICE - Crl MC No. 2307 of 2007 [2007] RD-KL 13464 (19 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2307 of 2007()

1. AKBAR, S/O. ABDUL RAHIMAN,
... Petitioner

Vs

1. STATE - REPRESENTED BY S.I. OF POLICE,
... Respondent

For Petitioner :SRI.VINOD KUMAR.C

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :19/07/2007

O R D E R

R.BASANT, J

Crl.M.C.No.2307 of 2007

Dated this the 19th day of July, 2007

O R D E R

The petitioner faces indictment for offence punishable, inter alia, under Section 307 read with 149 I.P.C. Investigation is complete. Final report has also been filed. The petitioner, who was enlarged on bail in the course of investigation, did not appear before the learned Magistrate after the final report was filed. Subsequently reckoning him as an absconding accused, the learned Magistrate has split up the case against him and was renumbered as C.P.No.60 of 2006. The case against the co-accused is pending before the Assistant Sessions Court at Ottappalam as S.C.No.446 of 2006.

2. According to the petitioner, he is absolutely innocent. His absence was not wilful. He was not available in India. He had not known about the initiation of the committal proceedings. The petitioner is prepared to appear before the learned Magistrate and co- operate with the learned Magistrate for the expeditious disposal of the case. The petitioner apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. Crl.M.C.No.2307 of 2007 2

3. 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].

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

(R.BASANT, JUDGE)

rtr/- Crl.M.C.No.2307 of 2007 3


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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