IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 1ST NOVEMBER 2007 / 10TH KARTHIKA 1929 Bail Appl..No. 6765 of 2007() ----------------------------- CC.45/2006 of ADDL.C.J.M.(E&O),ERNAKULAM .................... PETITIONER/ACCUSED ----------------------------------- SANGEETH K.D., 10/226, J.D.STREET, CHIRATTAPALAM, KOCHI-1. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.SABU SREEDARAN RESPONDENTS: STATE ------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 6765 OF 2007 ------------------------------------------------- Dated this the 1st day of November, 2007 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance has been taken. The petitioner had entered appearance through counsel. His absence earlier was condoned; but later he did not appear before court. A warrant of arrest has been issued by the learned Magistrate against the petitioner. The petitioner finds such a warrant of arrest issued by the learned Magistrate chasing him. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate 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 B.A. No. 6765 OF 2007 -: 2 :- 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. 2. 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 notice to the Prosecutor in charge of the case, the learned B.A. No. 6765 OF 2007 -: 3 :- 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