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. 645 of 2008() ---------------------------- CC.773/2003 of J.M.F.C.,TALIPARAMBA CRIME NO.137/03 OF TALIPARAMBA POLICE STATION. .................... PETITIONER: ----------------- DAYANAND, AGED 28 YEARS, S/O. DAMODARAN NAIR, CHENCHERI VEEDU, A.P. III/675, `VYSAG', ANCHAMPEEDIKA, MOTTAMMAL, KANNUR. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENING S.I. OF POLICE, TALIPARAMBA POLICE STATION. BY P.P. 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. 645 OF 2008 ------------------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.452 of the IPC. That is the only non-bailable offence alleged against the petitioner. The petitioner is the 3rd accused. The petitioner had appeared before the learned Magistrate along with the co-accused. He had taken part in the trial at the stage of Sec.313 examination. At that stage, the petitioner started not appearing before the learned Magistrate. The trial against the co-accused was proceeded with. They were found not guilty and acquitted. The case against the petitioner was split up. Reckoning the petitioner as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes B.A. No. 645 OF 2008 -: 2 :- chasing him now. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner 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, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 the petitioner's application 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). B.A. No. 645 OF 2008 -: 3 :- 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge