IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 276 of 2008() ---------------------------- LPC.32/2003 of J.M.F.C.-III,NEYYATTINKARA .................... PETITIONER/ACCUSED ----------------------------------- VADAKKEDATH RAJAN, S/O.KUNHAPPAN NAIR, M/S.UNIVERSAL TRAVELS, TALIPARAMBA.P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENTS: ------------- THE STATION HOUSE OFFICER, NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DIST. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008 ALONG WITH B.A. NO.278/08 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 276 & 278 OF 2008 ------------------------------------------------- Dated this the 11th day of January, 2008 ORDER These petitions are filed by the common petitioner against whom prosecutions under Sec.138 of the Negotiable Instruments Act are pending in two different courts. The prosecutions are initiated by different complainants also. Though the proceedings were initiated much earlier, the petitioner has not entered appearance and the cases against him stand transferred to the list of Long Pending Cases. Reckoning the petitioner as an absconding accused, warrants of arrest have been issued by the learned Magistrates against the petitioner. The petitioner finds such warrants of arrest chasing him now. 2. According to the petitioner, he is absolutely innocent. His absence earlier before the courts was not wilful or B.A. Nos. 276 & 278 OF 2008 -: 2 :- deliberate. He is willing to surrender before the courts concerned and seek regular bail. The petitioner apprehends that his applications for regular bail may not be considered by the learned Magistrates on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrates to release him on bail when he appears before the learned Magistrates. 3. It is for the petitioner to appear before the learned Magistrates and explain to the learned Magistrates the circumstances under which he could not earlier appear before the learned Magistrates. I have no reason to assume that the learned Magistrates would not consider the petitioner's applications for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, these bail applications are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrates and seeks bail, after giving sufficient prior B.A. Nos. 276 & 278 OF 2008 -: 3 :- notice to the Prosecutor in charge of the case, the learned Magistrates must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. (R. BASANT, JUDGE) Nan/