Over 2 lakh Indian cases. Search powered by Google!

Case Details

MANI @ HARIHARAN versus BIJU DAMODARAN AND ANR

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


MANI @ HARIHARAN v. BIJU DAMODARAN and Anr - Crl MC No. 186 of 2007 [2007] RD-KL 1812 (23 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 186 of 2007()

1. MANI @ HARIHARAN
... Petitioner

Vs

1. BIJU DAMODARAN AND ANOTHER
... Respondent

For Petitioner :SRI.P.K.JOSE

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :23/01/2007

O R D E R

R. BASANT, J.


- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 186 of 2007
- - - - - - - - - - - - - - - - - - - - - -

Dated this the 23rd day of January, 2007

O R D E R

The The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. The petitioner was represented by a counsel. On a particular date of posting, the petitioner was absent and the counsel also did not appear. The learned Magistrate had issued a warrant of arrest against the petitioner. The petitioner wants to change his counsel and appear through another counsel. He filed an application under Rule 34 for permission to appear through another counsel. The learned Magistrate directed the petitioner to appear personally. He is willing to appear. But 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 Crl.M.C.No. 186 of 2007 2 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).

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 HO 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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.