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SURESH, S/O. RAJAPPAN v. STATE OF KERALA - Crl MC No. 2481 of 2007  RD-KL 14944 (3 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2481 of 2007()
1. SURESH, S/O. RAJAPPAN,
1. STATE OF KERALA,
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.2481 of 2007
Dated this the 3rd day of August, 2007
O R D E RThe petitioner faces indictment in a prosecution, inter alia, under Section 436 Cr.P.C. The petitioner could not appear before the learned Additional Assistant Sessions Judge. Consequently a warrant of arrest has been issued against the petitioner by the learned Additional Assistant Sessions Judge. The said warrant of arrest is chasing the petitioner now.
2. According to the petitioner, he is absolutely innocent. His absence was on account of reasons beyond his control. The petitioner is willing to surrender before the learned Additional Assistant Sessions Judge before whose court, the matter is pending and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Additional Assistant Sessions Judge 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.
3. It is for the petitioner to appear before the learned Additional Assistant Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the Crl.M.C.No.2481 of 2007 2 learned Judge. I have no reason to assume that the learned Additional Assistant Sessions Judge 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 Additional Assistant Sessions Judge and applies for regular bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Additional Assistant Sessions Judge must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself.
(R.BASANT, JUDGE)rtr/- //true copy// PA to Judge Crl.M.C.No.2481 of 2007 3
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