IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 521 of 2008() ---------------------------- CRIME NO.222/02 OF ATTINGAL POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- JAYAN, S/O.SASANKAN, MELATHIL VEEDU, NEDUMBARAMBU DESOM, NAGAROOR VILLAGE. BY ADV. SRI.M.DINESH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 521 OF 2008 ```````````````````````````````````````````````````` Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused in a crime in which investigation was completed and final report was filed alleging offences punishable under section 402 IPC. The alleged occurrence took place in 2002. The petitioner was arrested and released on bail. He had appeared before the learned Sessions Judge also. But, he was not available to complete the trial against him. The co- accused, who were available, faced the trial and they were found not guilty and acquitted. The case against the petitioner was split up and it was transferred to the list of long pending cases. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. Such processes are now chasing the petitioner. The petitioner apprehends imminent arrest. BA.521/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Sessions Judge and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Sessions Judge on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Sessions Judge to release the petitioner on bail when he appears and applies for bail. 3. It is for the petitioner to appear before the learned Sessions Judge and explain to the learned Sessions Judge, the circumstances under which he could not earlier appear before the learned Sessions Judge. I find absolutely no reason to assume that the learned Sessions Judge would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to BA.521/08 : 3 : be necessary. Sufficient general directions have been issued in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Sessions Judge and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Sessions Judge must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) aks