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HUSSAIN @ HUSSAN, S/O.ALYAMU versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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HUSSAIN @ HUSSAN, S/O.ALYAMU v. STATE OF KERALA, REPRESENTED BY - Crl MC No. 182 of 2007 [2007] RD-KL 1782 (23 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 182 of 2007()

1. HUSSAIN @ HUSSAN, S/O.ALYAMU,
... Petitioner

Vs

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

For Petitioner :SRI.E.R.VENKATESWARAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :23/01/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 182 of 2007
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Dated this the 23rd day of January, 2007

O R D E R

The petitioner is the first accused in a prosecution, inter alia, under Section 506(i) I.P.C. The petitioner did not appear before the learned Magistrate and accordingly a warrant of arrest has been issued to procure the presence of the petitioner. He submits that the co-accused have already been acquitted. The case against him has been split up. He apprehends that when he surrenders, his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions under Section 482 Cr.P.C. may be issued in favour of the petitioner.

2. 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 Crl.M.C.No. 182 of 2007 2 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).

3. This Crl.M.C. 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. (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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