KOMALAN Vs. INSPECTOR CBCID

JUDGEMENT

(1.) The common petitioner faces indictment in three different prosecutions - all under Sec.420 of the IPC. The petitioner has not appeared before the court concerned and consequently he faces the unenviable predicament of warrants of arrest issued by the learned Magistrate chasing him. The cases have been transferred to the list of Long Pending Cases and they are pending in such list from 1992 and 2001.

(2.) According to the petitioner, he is absolutely innocent. His failure/omission to appear before the learned Magistrate earlier was on account of reasons beyond his control. He is willing to surrender before the learned Magistrate. He is also willing to co-operate with the court. But he apprehends that if he surrenders before the learned Magistrate and applies for bail, 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 the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate.

(3.) 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 have no reason to assume that the learned Magistrate would not consider the petitioner's application for regular bail on merits in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339).