LAWS(KER)-2007-5-161

JOBY Vs. STATE OF KERALA

Decided On May 28, 2007
JOBY WILLIAMS Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner faces allegations, inter alia, under the provisions of the Prevention of Destruction of Public Property Act. All the other accused have been tried, found not guilty and acquitted. Against the petitioner, proceedings have been initiated under Sections 82 and 83 Cr.P.C. He finds himself facing the unenviable predicament of a warrant of arrest issued by the learned Magistrate chasing.

(2.) The petitioner submits that his inability to appear earlier was not wilful and was on account of reasons beyond his control. He is willing to surrender before the learned Magistrate, but apprehends that his bail application may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He therefore prays that appropriate directions may be issued under Section 482 Cr.P.C.

(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 such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339].