IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 109 of 2008() ---------------------------- CRIME NO.399/06 OF VADAKARA POLICE STATION, KOZHIKODE (RURAL) PETITIONER/ACCUSED NO.2 ---------------------------------------- KUNHABDULLA, S/O MAMMU, EYYOTHPOIL HOUSE, PONMERI PARAMBIL (P.O), VILLAPPALLY (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, (S.H.O)VADAKARA POLICE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 109 OF 2008 ------------------------------------------------- Dated this the 4th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the 2nd accused in a prosecution for offences punishable, inter alia, under Sec.307 read with Sec.149 of the IPC. He was never arrested in the course of investigation. Final report has been filed. Cognizance has been taken. Committal proceedings has been registered. Coercive processes have been issued against the petitioner consequent to his non-appearance before the learned Magistrate. He finds such processes chasing him. 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 B.A. No. 109 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. Needless to B.A. No. 109 OF 2008 -: 3 :- say that the application must be considered by the learned Magistrate in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge