IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1540 of 2008() ----------------------------- CRIME NO.23/2008 OF VENMONEY POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. STEPHEN, AGED 22, S/O.SAMUEL, THABOR VEEDU, VENMONEY P/W-X, VENMONEY ERAM MURI, VENMONEY VILLAGE. 2. UNNIKRISHNAN, AGED 30, S/O.KRISHNAN, PATHEERETHU PARAMBIL, VENMONEY P/W-XII, VENMONEY PADINJATTUM MURI, VENMONEY VILLAGE. 3. VIJESH, AGED 23, S/O.VIJAYAN, THENGIZHATHU PUTHEN VEEDU, VENMONEY P/W-XII, VENMONEY ERAM MURI, VENMONEY VILLAGE. 4. NELSON JOY, AGED 36 @ THAMBI, THENGIZHETHU VEEDU, SOUTH SIDE OF CHERIYALUMOODU PETROL PUMP, VENMONEY P/W-XII, VENMONEY KIZHAKKUM MURI, VENMONEY VILLAGE. 5. SAJAN, AGED 26, S/O.GOPALAN, PATHIRETHU PARAMBIL VEEDU, VENMONEY P/W-XII, VENMONEY KIZHAKKUM MURI, VENMONEY VILLAGE. 6. RAJU, AGED 49, S/O.JOSEPH, THENGETHU KIZHAKKATHIL VEEDU, DO. DO. 7. YESODHARAN, AGED 42, S/O.THIRUVAN, YASWANTH BHAVAN, VENMONEY P/W-XI, VENMONEY PADINJATTUM MURI, VENMONEY VILLAGE. 8. RAGHU, AGED 43, S/O.PRABHAKARAN, RATHIN BHAVANAM, VENMONEY P/W-XI, VENMONEY PADINJATTUM MURI, VENMONEY VILLAGE. BY ADV. SRI.C.S.MANU RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, VENMONEY POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.191 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for anticipatory bail. The petitioner, a woman faces indictment for the offence punishable under Section 409 I.P.C. Investigation is complete. Final report has already been filed. The case has been registered as C.C.No.439/2005. The petitioner had entered appearance. She was enlarged on bail; but on account of her absence on 12/12/2007, bail was cancelled and non-bailable warrant was issued against her. The said warrant is now chasing her. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Her absence earlier was not wilful or deliberate. She could not be present on 12/12/2007 because of circumstances beyond her control. She had filed an application; but the same was dismissed and a non-bailable warrant was issued against her. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But she apprehends that her application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. She, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail B.A.No.191/08 2 when she 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 she 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. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 21/1/2008. On or before that date, the petitioner shall surrender and seek regular bail. (R.BASANT, JUDGE) jsr B.A.No.191/08 3 B.A.No.191/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007