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RAJAPPAN MIRANDA, S/O PETER MIRANDA versus STATE REPRESENTED BY SUB INSPECTOR OF

High Court of Kerala

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RAJAPPAN MIRANDA, S/O PETER MIRANDA v. STATE REPRESENTED BY SUB INSPECTOR OF - Crl MC No. 2705 of 2007 [2007] RD-KL 16435 (23 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2705 of 2007()

1. RAJAPPAN MIRANDA, S/O PETER MIRANDA,
... Petitioner

Vs

1. STATE REPRESENTED BY SUB INSPECTOR OF
... Respondent

For Petitioner :SRI.V.N.GOPALAKRISHNAN NAIR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :23/08/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2705 of 2007
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Dated this the 23rd day of August, 2007

O R D E R

The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 326 r/w. 34 I.P.C. Altogether there were four accused persons. The petitioner was the second accused. Final report was filed. Cognizance was taken by the learned Magistrate. The petitioner also participated in the trial. But before the trial was completed the petitioner started absconding. Co- accused, who faced trial along with the petitioner, continued to face the trial. They were found not guilty and acquitted. The case against the petitioner was split up. The petitioner now finds a warrant of arrest issued by the learned Magistrate chasing him.

2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Magistrate and seek bail. He shall co-operate with the Court for the expeditious disposal of the case. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these Crl.M.C.No. 2705 of 2007 2 circumstances it is prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail on the date of surrender itself.

3. It is certainly 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 the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339).

4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Crl.M.C.No. 2705 of 2007 3

5. The learned counsel makes a further request that there may be a direction to expeditiously complete the proceedings against the petitioner. He had taken part in the proceedings until the case reached the stage of S.313 Cr.P.C. The case need only be continued from that point. The counsel prays that there may be a direction to the learned Magistrate to dispose of the case expeditiously. I find the said request to be legitimate. The petitioner has to make the said request before the learned Magistrate. I need only observe that I expect the learned Magistrate to consider the request of the petitioner and dispose of the case expeditiously.

6. Hand over the order. (R. BASANT) Judge tm


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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