LAWS(KER)-2007-1-375

SINOJ Vs. STATE OF KERALA

Decided On January 12, 2007
SINOJ Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The common petitioner in these two Crl.M.Cs. is facing prosecution for the offence punishable under Sec.392 read with Sec.34 of the IPC. in two different prosecutions both pending before the learned Judicial Magistrate of the First Class, Chalakudy. The cases were initiated as early as in 2004. The alleged incident took place in the year 2003. The petitioner was released on bail at the crime stage. Subsequently, he was not available and therefore the learned Magistrate has issued coercive process to secure the presence of the petitioner.

(2.) The petitioner is now willing to surrender before the learned Magistrate. The petitioner apprehends that if he appears before the learned Magistrate and applies for bail, the learned Magistrate may not consider his application for bail on merits, in accordance with law and expeditiously. In these circumstances, he prays that directions under Sec.482 of the Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he surrenders and applies for bail. I find no merit in the prayer.

(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