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1989 Supreme(Ker) 306

SREEDHARAN
Manoj Kumar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Petitioner is the accused in S.T.727/87 on the file of the Addl. Judicial First Class Magistrate's Court, Trivandrum. He stands charged with offences u/S.279 and 338 I.P.C. as also u/s.89(a) and (b) r/w. S.118A of the Motor Vehicles Act, 1939. He was granted bail. On full posting dates of the case, petitioner could not appear in court Nor was any representation made or application filed on his behalf. So the bail was cancelled and non-bailable warrant issued. Later, petitioner appeared before court and filed applications for advancing the hearing date of the case, for recalling the warrant issued and for granting bail. Fresh sureties were also present in court. It is the petitioner's case that the learned Magistrate refused to accept application for bail and that filed for recalling the warrant. Learned Magistrate accepted the application for advancing the hearing of the case and dismissed the same. It is submitted that the learned Magistrate is not inclined to grant bail till after his arrest and detention in prison for a few days.

2. Offences charged against the petitioner are bailable. On account of his non-appearance on dates to which the case stood posted, the or


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