IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 24 of 2008() ---------------------------------- AGAINST ERNAKULAM NORTH KASBA POLICE STATION CRIME NUMBER NOT KNOWN. PETITIONER/ACCUSED -------------------- P.VASUDEVA KAIMAL, 61, 1ST FLOOR, IVTH AVENUE, ASHOK NAGAR, CHENNAI, TAMIL NADU. BY ADV. SRI.S.SANTOSH KUMAR (PERUNAD) RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 24 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed non- bailable offence. According to the petitioner, to his knowledge there is no case pending against him. 2. After taking instructions, the learned Prosecutor submits that the petitioner is required to be arrested in an indictment under Section 138 of the N.I. Act. The case was initially registered as C.C. 267 of 1998 before the Chief Judicial Magistrate, Ernakulam. Later the same has been transferred to the list of long pending cases and the same is now pending as L.P. 85 of 2001. The petitioner is required to be arrested in that case alone, submits the Prosecutor. 2. The learned counsel for the petitioner submits that the petitioner was not aware of this fact. He shall now surrender before the learned Magistrate and seek regular bail, but prays that B.A.No. 24 of 2008 2 there may be a direction for expeditious disposal of the petitioner's application for regular bail when he surrenders and applies for such bail. Needless to say, every court has to consider such application on merits, in accordance with law and expeditiously. If the petitioner appears before the learned Magistrate and applies for bail, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 3. With the above observations this application is dismissed. (R. BASANT) Judge tm