IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 499 of 2008() ---------------------------- CP.175/2007 of J.M.F.C., HARIPAD CRIME NO.370/06 OF HARIPAD POLICE STATION .................... PETITIONER : 6TH ACCUSED: ----------------------------- RAMANAN, S/O.CHELLAPPAN, RAMNIVAS NAKRATH COLONY, CHERUTHANA THEKKUMMURI, HARIPAD VILLAGE, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.G.BENO RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA DIST. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.499 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 307 I.P.C. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. The petitioner has not been arrested at any stage so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. He apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He had no knowledge of the proceedings. He is willing to surrender before the learned Magistrate and apply for bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. B.A.No.499 of 2008 2 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This bail application is, in these circumstances, dismissed, but with the specific observation 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 proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-