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SULAIMAN, S/O.ABDULLA (LATE) versus STATE OF KERALA THROUGH THE

High Court of Kerala

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SULAIMAN, S/O.ABDULLA (LATE) v. STATE OF KERALA THROUGH THE - Crl MC No. 542 of 2007 [2007] RD-KL 4562 (1 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 542 of 2007()

1. SULAIMAN, S/O.ABDULLA (LATE)
... Petitioner

Vs

1. STATE OF KERALA THROUGH THE
... Respondent

For Petitioner :SRI.SUNNY MATHEW

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.542 of 2007

Dated this the 1st day of March, 2007

ORDER

The petitioner is the 2nd accused in a crime registered initially under Section 324 I.P.C. Later the Section of offence has been altered to Section 326 I.P.C. The petitioner as well as his brother were the accused in the crime and the allegation is that they are guilty of causing hurt to the defacto complainant-their sister. According to the petitioner, the dispute between the petitioner and his sister has been settled. His brother, the 1st accused has already been found not guilty and acquitted. The petitioner was not available for trial as he was employed abroad. He now finds that the case against him has been split up and transferred to the list of Long Pending Cases and coercive processes issued by the learned Magistrate are chasing him. He is prepared to surrender before the learned Magistrate. 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 circumstances, the petitioner prays that direction under Section 482 Cr.P.C may be issued in favour of the petitioner to grant him bail when he appears and applies before the learned Magistrate. Crl.M.C.No.542 of 2007 2

2. I find absolutely 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].

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.542 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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