IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 2186 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4811/2006 CRIME NO.86/086 OF PEROORKADA POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- RAJESH KUMAR.R., S/O.RAVEENDRAN NAIR, 10/765, MOVUKONATHU VADAKKE VEEDU, MANNANTHALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2186 of 2008 ------------------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations for offences punishable, inter alia, under Sec.394 of the IPC. The petitioner is the 4th accused. He had earlier moved the learned Sessions Judge and this Court for anticipatory bail in July/August, 2006. Those applications were dismissed by the learned Sessions Judge and this Court. The petitioner has not entered appearance before the lower court so far. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is now willing to surrender before the learned Magistrate and seek regular bail. The short prayer made by the petitioner is that there may be a direction to the learned Magistrate to consider his application for bail on merits, in B.A. No. 2186 of 2008 -: 2 :- accordance with law and expeditiously. 3. The petitioner, who had moved the courts for anticipatory bail in July/August, 2006, has not so far appeared before the Investigator or the learned Magistrate. The petitioner has got to do the same now. I find absolutely no justification in the prayer for issue of the directions under Sec.438 of the Cr.P.C. It is for the petitioner now to appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the usual and normal course. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks 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 and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 2186 of 2008 -: 3 :-