IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 868 of 2008() ---------------------------- CRIME NO.916/2005 OF PATHANAMTHITTA POLICE STATION : PETITIONER/2ND ACCUSED --------------------------------------- K.VIJAYAN, S/O. KARUPPAYYA, KUMBAZHA ESTATE, KURUMPATTI DIVISION, MALAYALAPUZHA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.868 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment as second accused in a prosecution under the Kerala Abkari Act. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered also. The petitioner was not arrested at the crime stage or thereafter. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 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 Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate 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 Magistrate to release the petitioner on bail when he appears and applies for bail. B.A.No.868/08 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 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 bail application is dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself. 5. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala [2001(1)KLT 22]). (R.BASANT, JUDGE) jsr B.A.No.868/08 3 B.A.No.868/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007