Dismissed

K.P.Shajahan v. State

Kerala HC5 Dec 2006Crl.MC/3881/2006

Case brief

AI extract

What is this about?

Petition arose from U.C. Caccavino. The Court dismissed the petition, expediting it with no special directions necessary. The Court held that the accused must appear before the learned Magistrate to explain any failure to appear. The Court observed that the learned Magistrate must consider the petitioner's application for regular bail on merits expeditiously. No special directions are required as

What did the court decide?

The petitioner must appear before the learned Magistrate to explain their absence and seek bail on merits. The learned Magistrate must pass appropriate orders expeditiously upon surrender.

K.P.Shajahan Vs State — Quashing and FIR | Kerala HC (2006)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE R.BASANT

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TUESDAY, THE 5TH DECEMBER 2006 / 14TH AGRAHAYANA 1928

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Crl.MC.No. 3881 of 2006()

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------------------------CC.266/2005 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR

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PETITIONER: ACCUSED

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K.P.SHAJAHAN, AGED 28 YEARS, S/O.ABDULLA, RESIDING AT KUNHIMANGALAM, KANNUR DISTRICT.

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BY ADV. SRI.M.SASINDRAN

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RESPONDENTS: COMPLAINANT

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STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.K.A. AKBAR.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. BASANT, J.

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CRL.M.C.NO. 3881 OF 2006

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Dated this the 5^th day of December, 2006 ORDER

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When this matter came up for hearing and after discussions at the Bar, the learned counsel for the petitioner makes only one request. He prays that the petitioner may be permitted to withdraw this petition and raise all his contentions before the learned Magistrate to claim discharge/acquittal. The learned counsel for the petitioner further submits that the learned Magistrate has now issued a non-bailable warrant of arrest against the petitioner to secure his presence consequent to his failure/inability to appear before the learned Magistrate earlier. He faces the prosecution under the provisions of the P.F.A. Act. The learned counsel for the petitioner prays that directions may be issued to the learned Magistrate under Sec.482 of the Cr.P.C. to release the petitioner on bail.

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It is for the petitioner to appear before the learned

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Magistrate and explain to the learned Magistrate the

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CRL.M.C.NO. 3881 OF 2006 -: 2 :-

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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 (2003 (1) KLT 339).

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In the result, this Crl.M.C. is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 and expeditiously – on the date of surrender itself, unless compelling and exceptional reasons are there. The dismissal of this Crl.M.C. as withdrawn, I repeat, shall not, in any way, affect the rights of the petitioner to raise all appropriate contentions before the learned Magistrate to claim discharge/acquittal.

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Sd/-

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(R. BASANT, JUDGE)

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Nan/

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//true copy// P.S. To Judge

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CRL.M.C.NO. 3881 OF 2006 -: 3 :-

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(R. BASANT, JUDGE)

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Nan/

K.P.Shajahan v. State

Case brief

What is this about?

What did the court decide?

K.P.Shajahan v. State

Case brief

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What did the court decide?

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