IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 349 of 2008(A) ----------------------------- CC.346/2003 of J.M.F.C., PATTAMBI CRIME NO.2/02 OF THRITHALA POLICE STATION .................... PETITIONER: --------------------- AJITH PISHARADI,] AGED 31 YEARS, KRISHNA NIVAS, EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, THRITHALA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 349 OF 2008 ------------------------------------------------- Dated this the 15th day of January, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable under Sec.420 read with Sec.34 of the IPC. The crime was registered in 2002. Final report was filed. Cognizance was taken. The case was registered as C.C.No. 346/03 before the learned Judicial Magistrate of the First Class, Pattambi. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. According to him, no notice or summons was ever received by him from the court. He is willing to surrender before the learned Magistrate B.A. No. 349 OF 2008 -: 2 :- and seek regular bail. The petitioner 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). 3. 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 B.A. No. 349 OF 2008 -: 3 :- notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge