IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 805 of 2008() ---------------------------- CRIME NO.18/03 OF CBCID, SIG, TRIVANDRUM : PETITIONER/2ND ACCUSED --------------------------------------- BABU AUGUSTINE, AGED 45 YEARS, S/O.AUGUSTINE.K.J., KODIYETTU, KUTHUKUZHY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DETECTIVE INSPECTOR, CBCID, SIG, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.805 of 2008 ------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused. He faces indictment in a prosecution for offences punishable, inter alia, under Sections 420 and 471 I.P.C and Section 2 r/w 12 of the Indian Passport Act. 2. Investigation is complete. Final report has already been filed. The petitioner was not arrested during the crime stage or later. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest. 3. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions under Section 438 and/or 482 Cr.P.C may be issued in favour of the petitioner. B.A.No.805 of 2008 2 4. 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 5. This bail application is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-