M P BASHEER Vs. VIJESH VIJU N P

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Consequent to his failure to appear before the learned Magistrate, a non- bailable warrant has been issued against him and the case against him has been transferred to the list of long pending cases. The petitioner wants to appear before the learned Magistrate. He apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He has hence come to this court for issue of directions under Section 482 Cr.P.C. I find no merit in the application at all. There is no basis for the apprehension that the petitioner's application for bail shall not be considered by the learned Magistrate, in accordance with law and expeditiously. Sufficient general directions have already been issued in Alice George vs.Deputy Superintendent of Police [2003(1)KLT 339].

(2.) I have no reason to assume that the learned Magistrate is not aware of the said decision or shall not comply with the same. He must do the same.

(3.) In the result, this Criminal Miscellaneous Case is dismissed but with the observation that if the petitioner surrenders before the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself unless there are exceptional and compelling reasons. Hand over copy of this order to the learned counsel for the petitioner.