IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 694 of 2008() ---------------------------- CC.566/2006 of J.M.F.C.,PAYYANNUR .................... PETITIONER/ACCUSED: ------------------------------------ PRADEEPAN N., S/O. VASUDEVAN NAMBOOTHIRI MANGALYA, POOJA NAGAR, KALLEKULANGARA, OLAVAKKODE, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: RESPONDENT: ------------------------ STATE, REPRESENTED BY S.I. OF POLICE, KOLATHUR THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 694 OF 2008 ------------------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.498A of the IPC. Investigation is complete. Cognizance has already been taken. Consequent to the non- appearance of the petitioner, a warrant of arrest has been issued by the learned Magistrate against the petitioner. Such warrant of arrest chasing the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Cognizance has been taken on a private complaint filed by the complainant. 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 B.A. No. 694 OF 2008 -: 2 :- 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). 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. B.A. No. 694 OF 2008 -: 3 :- 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest already issued shall not be executed against the petitioner till 4/2/2008. On or before that date, the petitioner shall surrender and seek regular bail from the court. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge