SAJAN versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SAJAN v. STATE OF KERALA - Crl MC No. 1099 of 2007 [2007] RD-KL 7171 (4 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1099 of 2007()

1. SAJAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.DILEEP P.PILLAI

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :04/04/2007

O R D E R

R. BASANT, J.

CRL.M.C.NO.1099 OF 2007

Dated this the 4th day of April, 2007

ORDER

The petitioner faces indictment in a prosecution, inter alia, under Sec.307 read with Sec.149 of the IPC. The petitioner has not appeared before the learned Magistrate. Consequently a warrant of arrest has been issued against the petitioner by the learned Magistrate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate.

2. It is for the petitioner to appear before the learned  CRL.M.C.NO.1099 OF 2007 -: 2 :- 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 the petitioner's application for regular bail on merits in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339).

3. In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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, unless compelling and exceptional reasons are there.

4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. To Judge 

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