IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 1003 of 2008() ----------------------------- CC.852/2005 of J.M.F.C.-II,NEYYATTINKARA .................... PETITIONER/2ND ACCUSED --------------------------------------- SULFI, S/O.MAHEEN, E.M.S.COLONY, POOVAR DESOM, THIRUPURAM VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1003 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused and he faces indictment in a prosecution for offences punishable, inter alia, under Section 326 r/w 34 I.P.C. Cognizance has been taken as early as in 2005. The petitioner has not entered appearance. Coercive processes have been issued against the petitioner by the learned Magistrate. Such process are chasing him. It is in these circumstances that the petitioner has come to this Court for anticipatory bail. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not arrested at the crime stage. He was not served with any notice, summons or process of the court. He was unaware of the proceedings pending against him. He is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in B.A.No. 1003 of 2008 2 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. 1003 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