IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 756 of 2008() ---------------------------- AGAINST THE ORDER IN CC. 437 /1998 IN LP.27/2000 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER ----------------- V. GOPALAN, S/O. VELAYUDHAN CHEMMANAMMADA HOUSE, PALLASANAL P.O. CHITTUR TALUK, PALAKKAD 678 505. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CITY TRAFFIC EDAPALLY POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 756 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable under Sections 279 and 304A I.P.C. At the crime stage he was enlarged on bail, it is submitted. Final report was filed. Cognizance was taken. But subsequently he was not informed of the pendency of the case. In these circumstances he could not appear before the learned Magistrate. Reckoning him as absconding, the case has been transferred to the list of long pending cases and coercive processes have been issued against the petitioner. It is in these circumstances that the petitioner has come to this Court for anticipatory bail. 2. According to the petitioner his absence was not willful. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered B.A.No. 756 of 2008 2 by the learned Magistrate on merits, in accordance with law and 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 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. 756 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm