IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 808 of 2008() ---------------------------- CC.403/2005 of J.M.F.C.,PEERUMEDU .................... PETITIONER/ACCUSED ----------------------------------- ARTHER SCARIA @ BIJU, S/O.G.D.SAKARIA, AYYATHIL HOUSE, VELLAMUDI ROAD, MUNDAKAYAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PEERMEDU POLICE STATION, IDUKKI DT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 808 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 324 I.P.C. Cognizance was taken as early as in 2005. The petitioner had entered appearance and was enlarged on bail. The case was posted to 28.2.2007. On and after that date he has not entered appearance. Consequently coercive processes have been issued against the petitioner by the learned Magistrate. Such process are chasing him. It is in these circumstances that the petitioner has come to this Court for anticipatory bail. 2. According to the petitioner his absence was not willful. The learned counsel for the petitioner submits that there is a case and counter case and the disputes have been settled between the parties and the offences have been compounded. The petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered B.A.No. 808 of 2008 2 by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears 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 B.A.No. 808 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm