HASSAN.O.V., S/O.ABDULLA versus STATE OF KERALA, THROUGH THE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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HASSAN.O.V., S/O.ABDULLA v. STATE OF KERALA, THROUGH THE - Crl MC No. 829 of 2007 [2007] RD-KL 5940 (22 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 829 of 2007()

1. HASSAN.O.V., S/O.ABDULLA,
... Petitioner

2. NISAR THANGAL, S/O.POOKOYA THANGAL,

3. MUNEER, S/O.ABOOBACKER,

4. ISMAYIL, KUNHAMMAD,

5. AZEEZ, S/O.KUNHAMMAD,

6. MOIDU, S/O.KUNHABDULLA,

7. NASAR, S/O.MOIDU, KORUMBATH,

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 :22/03/2007

O R D E R

R. BASANT, J.

- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 829 of 2007
- - - - - - - - - - - - - - - - - - - - - -

Dated this the 22nd day of March, 2007

O R D E R

The petitioners are accused in a prosecution, inter alia, under Sections 395 sand 308 I.P.C. The case against them is pending as C.P.No. 222 of 2006. The petitioners did not appear before the learned Magistrate. According to them, they were not aware of the pendency of the case. Non- bailable warrant has been issued against them. The petitioners, in these circumstances, want to surrender before the learned Magistrate. They apprehend that their applications 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 may be issued to the learned Magistrate to release the petitioners on bail on the date of surrender itself.

2. It is certainly for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. The learned Magistrate, needless to say, must consider such cause on merits and pass appropriate orders. I have no reason to assume that the learned  Magistrate would not 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, but subject to the above observations/directions. I may hasten to observe that if the petitioners appear before the learned Magistrate and apply 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, unless there are compelling reasons. (R. BASANT) Judge tm 

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