IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8082 of 2007() ----------------------------- CRIME 97/00 OF KODUNGALLUR POLICE STATION PETITIONER/ACCUSED NO.3 ---------------------------------------- MAHESH, S/O.JOSEPH, CHERAMANTHURUTHU HOUSE, P.O.KOTTAPPURAM, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE,. KODUNGALLUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8082 OF 2007 ```````````````````````````````````````````````````` Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the 3rd accused in a crime registered for offences punishable, inter alia, under Sections 326 and 307 read with 149 IPC. The alleged incident took place on 11.3.00. The petitioner was not available for trial. The co-accused faced trial. They were found not guilty and acquitted by the Sessions court. The case against the petitioner is pending as C.P.17/04. 2. According to the petitioner, he 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 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 482 Cr.P.C. may be issued to the learned Magistrate BA.8082/07 : 2 : 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 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 BA.8082/07 : 3 : on merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Needless to say, the petitioner's application for regular bail must be considered in the light of the decision reported in Sukumari Vs. State of Kerala [2001 (1) KLT 22] and also in the light of the fact that all the co-accused have already been acquitted. (R.BASANT, JUDGE) aks