M KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Secs.406 and 420 of the IPC.Cognizance has been taken on the basis of a private complaint filed by the complainant. The petitioner has not appeared before the learned Magistrate so far. The learned Magistrate has issued coercive process to procure the presence of the petitioner.In these circumstances, the petitioner has cometo this Court with a prayer that the proceedings against him may be quashed. Alternatively, it is prayed that the learned Magistrate may be directed under Sec.482 of the Cr.P.C. to release the petitioner on bail on the date of his surrender itself.

(2.) Though there is a contention that the prosecution has liable to be quashed under Sec.482 of the Cr.P.C., no serious attempt is made to press home that contention. I am satisfied that it is not necessary to quash the proceedings by invoking the powersunder Sec.482 oftheCr.P.C. Needless to say, the petitioner shall be at liberty to claim discharge under Sec.245(1) or 245(2) of the Cr.P.C.as the case may be.

(3.) The learned counsel for the petitioner submits that the petitioner is willingto surrender before the learned Magistrate. But the petitioner apprehends that his application for regular 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.