G SUDHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution interalia under Sections 323 and 324 I.P.C. The petitioner was not available in India and therefore a warrant of arrest has been issued against him. The case has been transferred to the list of long pending cases. The alleged crime was committed as early as in 1991.

(2.) According to the petitioner, he was not aware of the registration of the case against him at all. He has now come to know of the pendency of the case and issue of the warrant against him. The petitioner is now willing to surrender before the learned Magistrate. The learned counsel for the petitioner submits that the petitioner apprehends that his application for bail may not be considered on merits, in accordance with law and expeditiously by the learned Magistrate. He, therefore, prays that the 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.

(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 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].