IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1191 of 2008() ----------------------------- CRIME 193/99 OF KALLAMBALAM POLICE STATION PETITIONER / ACCUSED: ------------------------- HARI, (ORIGINAL A2), S/O.GOPINADHAKURUPPU, ROHINI VEEDU, ELAKAMAN DESOM, AYROOR VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1191 OF 2008 F ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces indictment in a prosecution under section 326 IPC. He is the 2nd accused. Altogether there are three accused persons. Final report was filed. Cognizance was taken. The petitioner was not available for trial. The co-accused faced the trial. They have been found guilty only under section 324 IPC. The case against the petitioner has been split up. Coercive processes have been issued against the petitioner. The petitioner apprehends that he may be arrested at any moment. 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 BA.1191/08 : 2 : 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 438 or 482 Cr.P.C. may be issued to the learned Magistrate to 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 petition is dismissed but with the BA.1191/08 : 3 : 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. 5. Needless to say, the petitioner can urge before the learned Magistrate with the help of the judgment in the earlier case that the allegations, even if accepted, will not amount an offence under section 326 IPC. The earlier judgment was not placed before me and, hence, I am unable to express any opinion on that aspect. (R.BASANT, JUDGE) aks