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JOHNEY,S/O.KOSHY SAMUEL,JUSTIN VILLA v. STATE OF KERALA REPRESENTED BY PUBLIC - Crl MC No. 2616 of 2007  RD-KL 15857 (17 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 2616 of 2007()
1. JOHNEY,S/O.KOSHY SAMUEL,JUSTIN VILLA,
1. STATE OF KERALA REPRESENTED BY PUBLIC
2. THE C.I. OF POLICE,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R.BASANT, J.Crl.M.C.No.2616 of 2007
Dated this the 17th day of August 2007
O R D E RThe petitioner is the first accused in a crime registered under Section 420 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioner had been released on bail at the stage of investigation. But subsequently he has not appeared before the learned Magistrate. According to the petitioner, he was not duly served and that is why he could not earlier appear before the learned Magistrate. The petitioner is now willing to appear before the learned Magistrate; but a warrant of arrest issued by the learned Magistrate against the petitioner is chasing him. The petitioner apprehends that he may be arrested before he appears before the learned Magistrate. He further apprehends that when he surrenders and applies for bail, the learned Magistrate may not consider his application for bail on merits, in accordance with law and expeditiously. The petitioner has a further request that his claim for discharge may be directed to be considered expeditiously by the learned Crl.M.C.No.2616/07 2 Magistrate.
2. Having considered all the relevant inputs, I am satisfied that appropriate directions can be issued in the matter and this petition can be allowed in part.
3. In the result, this petition is allowed in part.
Following directions are issued:
i) The petitioner shall surrender before the learned Magistrate at 11 a.m on 22/8/2007. Till then, the warrant of arrest issued against him shall not be executed. The petitioner may apply for bail and the learned Magistrate must proceed to pass appropriate orders on such application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself. The petitioner must give sufficient prior notice to the prosecutor in charge of the case. He can give such notice before he surrenders before the learned Magistrate. ii) The learned Magistrate shall consider the plea of discharge which the petitioner wants to raise at the stage of Section 239/240 Cr.P.C, as expeditiously as possible, at any rate, within a period of one month from the date of his appearance.
(R.BASANT, JUDGE)jsr // True Copy// PA to Judge Crl.M.C.No.2616/07 3 Crl.M.C.No.2616/07 4
ORDER21ST DAY OF MAY2007
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