Over 2 lakh Indian cases. Search powered by Google!

Case Details

SIBY SIMON, S/O.C.K.SIMON versus STATE OF KERALA, REP. BY THE PUBLIC

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


SIBY SIMON, S/O.C.K.SIMON v. STATE OF KERALA, REP. BY THE PUBLIC - Crl MC No. 1786 of 2007 [2007] RD-KL 9402 (4 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1786 of 2007()

1. SIBY SIMON, S/O.C.K.SIMON,
... Petitioner

Vs

1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent

2. STATION HOUSE OFFICER,

For Petitioner :SRI.DILIP MOHAN

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :04/06/2007

O R D E R

R. BASANT, J.


- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.Nos. 1786 & 1787 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 4th day of June, 2007

O R D E R

The petitioner faces indictment in two separate prosecutions, iner alia, under Section 324 I.P.C. The alleged incident occurred in 2004. Investigation was complete and cognizance was also taken in 2004. The petitioner defaulted in appearance before the learned Magistrate. Consequently he finds non-bailable warrants issued by the learned Magistrate chasing him. In these circumstances he has come to this Court with this petition under Section 482 Cr.P.C. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances that he prays that appropriate directions may be issued to the learned Magistrate under Section 482 Cr.P.C.

2. It is certainly for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which he could not earlier appear before the Crl.M.C.Nos. 1786 & 1787 of 2007 2 learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the application for bail 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 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 petitioner appears 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself.

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

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.