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P.A. JOSEPH v. THE STATE OF KERALA - Crl MC No. 158 of 2007  RD-KL 1577 (19 January 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 158 of 2007()
1. P.A. JOSEPH,
1. THE STATE OF KERALA,
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, JCrl.M.C.No.158 of 2007
Dated this the 19th day of January, 2007
ORDERThe petitioner faces indictment in a prosecution under Section 138 of the N.I Act. According to him, he had not received the summons. But the learned Magistrate has issued a non bailable warrant to procure his presence. He is willing to surrender before the learned Magistrate. According to him, he has valid reasons to explain to the learned Magistrate as to why he could not earlier appear before the learned Magistrate. The petitioner apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously and therefore the petitioner has come to this Court for issue of a direction under Section 482 Cr.P.C.
2. I have no reason to assume that the learned Magistrate would not consider the bail 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 appears before the learned Magistrate and applies for bail, the learned Magistrate must Crl.M.C.No.158 of 2007 2 proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself.
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