IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1189 of 2008() ----------------------------- CP.161/2007 of J.M.F.C.,TALIPARAMBA CRIME 181/07 OF TALIPARAMBA POLICE STATION .................... PETITIONER/ACCUSED NO.5: ----------------------------------------- SANTHOSH, S/O. KRISHNAN, KUNDOONKARA HOUSE, TRICHAMBARAM, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.P.BABU SRI.M.C.BIJU RESPONDENTS: ------------- 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 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1189 OF 2008 E ```````````````````````````````````````````````````` Dated this the 27th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces indictment in a prosecution for offences punishable, inter alia, under section 308 IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner was not arrested in the course of investigation or thereafter. Reckoning the petitioner as an absconding accused, warrant of arrest has been issued against the petitioner. The petitioner finds such process chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned BA.1189/08 : 2 : Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 438 or 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. 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 find absolutely no reason to assume that the learned Magistrate 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 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 BA.1189/08 : 3 : 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, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) aks