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SAIDE, S/O. ABDULLA, AGED 26 YEARS v. THE STATE OF KERALA, REP. BY - Crl MC No. 2534 of 2007  RD-KL 15241 (8 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2534 of 2007()
1. SAIDE, S/O. ABDULLA, AGED 26 YEARS,
1. THE STATE OF KERALA, REP. BY
For Petitioner :SRI.JIJO PAUL KALLOOKKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J= = = = = = = = = = = = = Crl.M.C. No.2534 Of 2007 = = = = = = = = = = = = = =
Dated this the 8th day of August, 2007
ORDERPetitioner is the 6th accused. He faces allegations in a prosecution under Section 498A IPC. Cognizance has been taken on the basis of a final report submitted by the Police after due investigation. The petitioner has not appeared before the learned Magistrate and consequently a warrant of arrest has been issued against the petitioner by the learned Magistrate. According to the petitioner, he is absolutely innocent. His absence was not intentional and was on account of reasons beyond his control, it is submitted. He is willing to surrender before the learned Magistrate but he apprehends that his application for bail may not be considered by the learned Magistrate, in accordance with law and expeditiously. He therefore prays that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail.
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. The learned Magistrate must consider such application for bail on Crl.M.C.No. 2534 of 2007 2 merits, in accordance with law and expeditiously. 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].
3. This Crl.M.C. is, in these circumstances, dismissed, but with the specific observation that if the petitioner surrenders 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.
(R.BASANT, JUDGE)sj /TRUE COPY/
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