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SANTHOSH.K., MIG ,43 v. J.P.TRADS AND AGENCIES - Crl MC No. 2916 of 2007  RD-KL 17477 (18 September 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2916 of 2007()
1. SANTHOSH.K., MIG ,43,
1. J.P.TRADS AND AGENCIES,
2. STATE REPRESENTED BY S.I,OF POLICE,
For Petitioner :SRI.C.D.JOHNY
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.No.2916 of 2007
Dated this the 18th day of September 2007
O R D E RThe petitioner faces indictment in a prosecution for an offence punishable under Section 138 of the Negotiable Instruments Act. Cognizance was taken as early as in 2002. The petitioner had not appeared before the learned Magistrate. Consequently, from 10/2/2004, a non-bailable warrant issued by the learned Magistrate is chasing the petitioner. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. 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.
2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the Crl.M.C.No.2916/07 2 circumstances under which he could not earlier appear before the learned Magistrate. 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].
3. In the result, this Criminal Miscellaneous Case 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.
(R.BASANT, JUDGE)jsr // True Copy// PA to Judge Crl.M.C.No.2916/07 3 Crl.M.C.No.2916/07 4
ORDER21ST DAY OF MAY2007
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