RAJESH, S/O.VISWAMBARAN versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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RAJESH, S/O.VISWAMBARAN v. STATE OF KERALA - Crl MC No. 1662 of 2007 [2007] RD-KL 8771 (28 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1662 of 2007()

1. RAJESH, S/O.VISWAMBARAN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. SUB INSPECTOR OF POLICE,

For Petitioner :SRI.PRADEESH CHACKO

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :28/05/2007

O R D E R

R.BASANT, J

Crl.M.C.No.1662 of 2007

Dated this the 28th day of May, 2007

ORDER

The petitioner faces indictment in a prosecution, inter alia, under Section 3(1)(x) of the S.C/S.T Prevention of Atrocities Act. The case has been committed to the Court of Session. Consequent to his non appearance, a warrant of arrest has been issued against the petitioner. The petitioner now wants to surrender before the learned Sessions Judge before whom the case is pending after committal. He apprehends that his application for bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. He therefore prays that appropriate directions may be issued under Section 482 Cr.P.C.

2. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Judge 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.1662 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 Sessions Judge and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Judge must proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself.

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

(R.BASANT, JUDGE)

rtr/- 

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