IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2885 of 2008 ------------------------------------- (CRIME NO. 72/2005 OF IRITTY POLICE STATION LP.78/2006 of J.M.F.C.,MATTANNUR) .................... PETITIONER/ACCUSED --------------------------------- K.MAHAROOF, AGED 26 YEARS, S/O. SADIRI, SUHAIRA MANZIL, PADAIKKACHAL, ULIYIL, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: STATE --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008 ALONG WITH B.A. NO. 2886/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.2885 & 2886 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Applications for anticipatory bail. The petitioners in these two cases face indictment in two separate prosecutions one under Section 395 I.P.C and the other under Section 436 I.P.C. They have an identical prayer to be made in these petitions. Final reports have already been filed. Cognizance has been taken. Committal proceedings have been registered. Consequent to non-availability of the petitioner, committal proceedings against them have been transferred to the list of long pending cases and they are pending against them as L.P.Nos.78/06 and 53/08. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their applications for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They, therefore, pray that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioners on bail when they appear and apply for bail. 3. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances B.A.Nos.2885 & 2886/08 2 under which they 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 petitioners 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, these bail applications are dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply 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. Even though the petitioners and the proceedings are different, I have chosen to dispose of these petitions by this common order in the light of the fact that identical reliefs have been prayed for and granted to both the petitioners. Issue copy of the orders to the learned counsel for both the petitioners. (R.BASANT, JUDGE) jsr B.A.Nos.2885 & 2886/08 3 B.A.Nos.2885 & 2886/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007