IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 292 of 2008() ---------------------------- LP.90/2004 of J.M.F.C.-I MUVATUPUZHA .................... PETITIONER/A1 ------------------------------ RETHEESH, AGED 33 YEARS, S/O.SASI, CHANIPARAMBIL, PALLURUTHY, KOCHI, ERNAKULAM. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SMT.PREETHY KARUNAKARAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MOOVATTUPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 292 OF 2008 ------------------------------------------------- Dated this the 11th day of January, 2008 ORDER The petitioner is the 1st accused and he faces indictment in a prosecution under Sec.379 of the IPC. The crime was registered as early as in 1999. Investigation is complete. Final report has been filed. Cognizance has been taken by the learned Magistrate. The petitioner has not appeared before the police or the learned Magistrate so far. The case against him has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. He was never arrested. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned B.A. No. 292 OF 2008 -: 2 :- Magistrate and seek regular bail. But the petitioner 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, 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 B.A. No. 292 OF 2008 -: 3 :- 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) Nan/