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R.M.SAILESH KUMAR, S/O KARUNAKARAN versus STATE OF KERALA,REPRESENTED BY THE

High Court of Kerala

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R.M.SAILESH KUMAR, S/O KARUNAKARAN v. STATE OF KERALA,REPRESENTED BY THE - Crl MC No. 546 of 2007 [2007] RD-KL 4535 (1 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 546 of 2007()

1. R.M.SAILESH KUMAR, S/O KARUNAKARAN,
... Petitioner

Vs

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

For Petitioner :SRI.WILSON URMESE

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :01/03/2007

O R D E R

R.BASANT, J

Crl.M.C.No.546 of 2007

Dated this the 1st day of March, 2007

ORDER

The petitioner is an accused in a prosecution, inter alia, under Section 452 and 323 read with 149 I.P.C. The petitioner was granted anticipatory bail by the learned Sessions Judge. The petitioner has not been served with any summons. But he now finds a non bailable warrant issued by the learned Magistrate chasing him. The petitioner is prepared to surrender before the learned Magistrate. The petitioner, in these circumstances, prays that direction under Section 482 Cr.P.C may be issued to the learned Magistrate to save him from unnecessary arrest and detention.

2. I find no reason to invoke the powers under Section 482 Cr.P.C. It is 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 such 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]. Crl.M.C.No.546 of 2007 2

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 after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself.

(R.BASANT, JUDGE)

rtr/- Crl.M.C.No.546 of 2007 3


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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