Over 2 lakh Indian cases. Search powered by Google!

Case Details

NABEESA KOYA versus STATE OF KERALA

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


NABEESA KOYA v. STATE OF KERALA - Crl MC No. 1715 of 2007 [2007] RD-KL 8908 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1715 of 2007()

1. NABEESA KOYA,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.C.D.JOHNY

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :29/05/2007

O R D E R

R.BASANT, J.

Crl.M.C.Nos.1715,1716 of 2007

Dated this the 29th day of May 2007

O R D E R

The common petitioner, a woman faces allegations into two separate crimes interalia under Sections 325 and 371 I.P.C in one case and Sections 323,325,370,371,420,120(b) I.P.C in the other. Crimes were registered in January and February 2007. The petitioner has not been arrested. The petitioner wants to appear before the learned Magistrate. The petitioner apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these circumstances, the petitioner has come to this court with a prayer to issue directions under Section 482 Cr.P.C to release her on bail on the date of surrender itself.

2. It is for the petitioner to appear before the learned Magistrate and seek bail in the regular and ordinary course. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Crl.M.C.No.1715 & 1716/07 2 Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs.Deputy Superintendent of Police [2003 (1)KLT 339]. I have no reason to assume that the learned Magistrate does not know the law or shall not follow the law.

3. In the result, these Criminal Miscellaneous Cases are dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

jsr Crl.M.C.No.1715 & 1716/07 3 Crl.M.C.No.1715 & 1716/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


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

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.