IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 851 of 2008() ---------------------------- CP.27/2007 of J.M.F.C.,KATTAKADA .................... PETITIONER/IST ACCUSED --------------------------------------- AJAYAKUMAR @ PODIYAN, S/O.VASUDEVAN NAIR, KATTUVILA PUTHEN VEEDU, VELIYAMKODE P.O., MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 851 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment as the first accused in a prosecution under Section 8n of the Kerala Abkari Act. Investigation is now complete. Final report has been filed. Committal proceedings has been registered. The petitioner has not been arrested in the course of investigation. He has received summons from the court, but he has not entered appearance. Reckoning him as absconding, coercive processes have been issued against the petitioner. It is in these circumstances that the petitioner has come to this Court for anticipatory bail. 2. According to the petitioner his absence was not willful. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and B.A.No. 851 of 2008 2 expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears 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 orders on merits, in accordance with law and B.A.No. 851 of 2008 3 expeditiously - on the date of surrender itself. Needless to say, the petitioner's applications for bail must be considered by the learned Magistrate in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). (R. BASANT) Judge tm