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FR.PAULOSE THOMAS, S/O.THOMAS versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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FR.PAULOSE THOMAS, S/O.THOMAS v. STATE OF KERALA, REPRESENTED BY THE - WP(C) No. 24427 of 2007(G) [2007] RD-KL 15373 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24427 of 2007(G)

1. FR.PAULOSE THOMAS, S/O.THOMAS,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

2. THE SUB INSPECTOR OF POLICE,

For Petitioner :SRI. JOHN JOSEPH(ROY)

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :10/08/2007

O R D E R

R.BASANT, J.

W.P.C.No.24427 of 2007

Dated this the 10th day of August 2007



J U D G M E N T

The petitioner faces indictment in a prosecution under Sections 341 and 323 I.P.C. The case was registered as early as in 2002. The matter has not been disposed of yet. The petitioner did not appear before the learned Magistrate and consequently the learned Magistrate has initiated coercive proceedings against the petitioner. A warrant of arrest and other steps taken by the learned Magistrate are chasing the petitioner. The case against the petitioner has been transferred to the list of long pending cases.

2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. His absence was not wilful. He has not received any process from the court. The petitioner is willing to surrender before the learned Magistrate and seek regular bail but he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail.

3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances W.P.C.No.24427/07 2 under which he could not earlier appear before the learned Magistrate.

4. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1) KLT 339].

5. In the result, this writ petition is 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, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge W.P.C.No.24427/07 3 W.P.C.No.24427/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


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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