IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD OCTOBER 2007 / 11TH ASWINA 1929 Bail Appl..No. 6004 of 2007() ----------------------------- CC.258/2000 of J.M.F.C.,ALATHUR .................... : PETITIONER/ACCUSED ----------------------------------- C.V.YOHANNAN, SON OF VARGHESE, CHATHOTH HOUSE, ENKAKADU P.O., MANKARA, THRISSUR. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6004 of 2007 ---------------------------------------- Dated this the 3rd day of October 2007 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance has been taken. The case was registered as early as in 2000. The petitioner did not appear before the learned Magistrate during the past seven years. Coercive processes have been issued by the learned Magistrate to procure the presence of the petitioner. The petitioner finds such processes issued by the learned Magistrate chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He had no information about the pendency of the proceedings. No notice or process has ever been served on the petitioner. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the B.A.No.6004/07 2 learned Magistrate to release the petitioner on bail when he appears and applies for bail. 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 find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific directions appear to be necessary. Sufficient general directions have been issued in Alice George vs. Deputy Superintendent of Police [2003(1)KLT 339]. 4. In the result, this bail application is dismissed but with the specific observation that if the petitioner surrenders 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, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.6004/07 3 B.A.No.6004/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007