IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 210 of 2008() ---------------------------- CP.189/2007 of J.M.F.C.,KATTAKADA .................... PETITIONER: -------------------- MIDHUN, S/O. MOHANAN NAIR, AGED 19 YEARS, T.C.18/2186(3), MANGATTUKADAVU, THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, MALAYINKEEZHU. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 210 OF 2008 ------------------------------------------------- Dated this the 9th day of January, 2008 ORDER The petitioner faces indictment, as the 4th accused, in a prosecution for offences punishable, inter alia, under Secs.326 and 308 of the IPC. He was not available for arrest in the course of investigation. Final report has been filed showing him as an absconding accused. Cognizance was taken. Committal proceedings has been registered. Consequent to the non-appearance of the petitioner, a warrant of arrest is issued against the petitioner. The petitioner finds such warrant of arrest chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner B.A. No. 210 OF 2008 -: 2 :- 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 notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits B.A. No. 210 OF 2008 -: 3 :- and expeditiously – on the date of surrender itself. Needless to say that the application must be considered by the learned Magistrate in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22) Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge