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OTTAPILAKOOL KHALID, S/O.ABDULLA HAJI versus STATE OF KERALA THROUGH THE

High Court of Kerala

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OTTAPILAKOOL KHALID, S/O.ABDULLA HAJI v. STATE OF KERALA THROUGH THE - Crl MC No. 830 of 2007 [2007] RD-KL 5972 (22 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 830 of 2007()

1. OTTAPILAKOOL KHALID, S/O.ABDULLA HAJI,
... Petitioner

2. RAFI, S/O.MUSTHAFA,

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.


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Crl.M.C.No. 830 of 2007
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Dated this the 22nd day of March, 2007

O R D E R

The petitioners are accused in a prosecution, inter alia, under Section 307 r/w. 149 I.P.C. Consequent to the non-appearance of the petitioners before the learned Magistrate in the committal proceedings, warrants of arrest have been issued against the petitioners. 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 Crl.M.C.No. 830 of 2007 2 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. (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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