IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 Bail Appl..No. 6491 of 2007() ----------------------------- CP.17/2007 of J.M.F.C.,NADAPURAM [CRIME NO.147/2003 OF NADAPURAM POLICE STATION] .................... : PETITIONER/ACCUSED ----------------------------------- ABDUL JALEEL, S/O.IBRAYIMKUTTY, CHEEROTH, KALLACHI POST,NADAPURAM, KOZHIKODE DISTRICT-673 506. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE NADUPURAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6491 of 2007 ---------------------------------------- Dated this the 24th day of October 2007 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under the Explosives Act. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not so far appeared before the investigating officer or the learned Magistrate. He has not been enlarged on bail. Consequent to the non-appearance of the petitioner, warrants of arrest issued by the learned Magistrate in the committal proceedings are chasing the petitioner. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to B.A.No.6491/07 2 release the petitioner on bail when he 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 he 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. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.6491/07 3 B.A.No.6491/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007