Kerala High Court
Ravi Subramanian vs State Of Kerala on 18 December, 2007
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3783 of 2007()
1. RAVI SUBRAMANIAN, MALLIYA HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.AJITH MURALI
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/12/2007
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3783 OF 2007
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Dated this the 18th day of December, 2007
O R D E R
Petitioner faces indictment in a prosecution under Section 489 B and C IPC. Final report has been filed. Cognizance has been taken. Committal proceedings is registered as C.P.25/05.
2. The petitioner has not been arrested in this crime at all. Consequent to his non-appearance before the learned Magistrate in the committal proceedings, reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him now.
3. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned CRMC.3783/07 : 2 : Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail.
4. It is 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 learned Magistrate. 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. 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].
5. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the CRMC.3783/07 : 3 : 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.
(R.BASANT, JUDGE) aks