SJIJAS ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the second accused in a crime registered interalia under Section 436 read with 149 I.P.C. The co-accused, who faced trial have all been acquitted. But the petitioner was not available for trial. In these circumstances, the case against the petitioner has been split up. Warrants of arrest have been issued by the learned Sessions Judge against the petitioner.

(2.) The petitioner now wants to surrender before the learned Sessions Judge . He apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Sessions Judge. He, therefore, prays that the directions under Section 482 Cr.P.C. may be issued to the learned Sessions Judge to release the petitioner on bail when he appears and applies for bail.

(3.) I find no merit in the said prayer. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge, the circumstances under which he could not earlier appear before the learned Sessions Judge. 3. I find absolutely no reason to assume that the learned Sessions Judge wound 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 .