IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JULY 2007 / 25TH ASHADHA 1929 Bail Appl..No. 4278 of 2007() ----------------------------- CC.431/2004 of J.M.F.C.,ALATHUR CRIME NO.160/2004 OF ALATHUR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- ABY @ SAILAVUDEEN, SON OF MUHAMMED, KARAYANKADU, VADAKKANCHERRY, ALATHUR. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.4278 of 2007 ---------------------------------------- Dated this the 16th day of July 2007 O R D E R Application for anticipatory bail. The petitioner faces allegations inter alia under Section 506 I.P.C. The crime was registered in 2004. Final report was filed. Cognizance was taken. The petitioner appeared before the learned Magistrate. He was enlarged on bail. When the case was posted for evidence, he was absent and reckoning the petitioner as absconding, a warrant of arrest was issued against the petitioner. 2. According to the petitioner, he is absolutely innocent. His absence was not wilful. He is willing to surrender and co- operate with the court for the expeditious disposal of the case. He apprehends that his application for regular 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 to release the petitioner on bail when he appears and applies for bail. 2. It is for the petitioner to appear before the learned B.A.No.4278/07 2 Magistrate and explain to the learned Magistrate, the circumstances under which he could not earlier appear before the learned Magistrate. 3. 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 bail application 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 on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.4278/07 3 B.A.No.4278/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007