IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 Bail Appl..No. 7677 of 2007() ----------------------------- ST NO.67/03 OF J.F.C.M.-II, KOLLAM PETITIONER/ACCUSED ----------------------------------- SYAMKUMAR.S., AGED 34, SYAMVIHAR, MATHILIL P.O., KOLLAM. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOOD, POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7677 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of December, 2007 O R D E R The petitioner faces indictment in a prosecution for offences punishable under Section 138 of the N.I. Act. Cognizance was taken as early as in 2003 as can be seen from the number assigned to the case, S.T. 67 of 2003. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against him. Such processes are chasing him. 2. According to the petitioner he is absolutely innocent. He had no knowledge of the proceedings at all. He is residing at Bangalore and no notice or summons was ever served on him. He is willing to surrender before the learned Magistrate, but apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and B.A.No. 7677 of 2007 2 expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 Sessions Magistrate would not consider the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 B.A.No. 7677 of 2007 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm