IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 1091 of 2008(S) ------------------------------ LP.1/2007 of J.M.F.C.,KUNNAMKULAM CRIME NO.372/01 OF KUNNAMKULAM POLICE STATION .................... PETITIONER --------------------------- 1. SHINJITH, S/O.SANTHA, VALIPARAMBIL HOUSE, CHEMMANNOOR P.O.-680 517, THRISSUR DISTRICT. 2. BABU.K., KIZHAKKEKKARA HOUSE, P.O.KOTTAPPADI, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM, THRISSUR DISTRICT. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1091 OF 2008 ------------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for anticipatory bail. The petitioners face indictment in a prosecution for offences punishable, inter alia, under Sec.332 of the IPC. The petitioners, it is submitted, were not arrested in the course of investigation or later. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Reckoning the petitioners as absconding, coercive processes have been initiated against the petitioners. The case against them has been transferred to the register of Long Pending Cases. The petitioners apprehend imminent arrest. 2. According to the petitioners, they are absolutely innocent. Their absence earlier was not wilful or deliberate. They have no knowledge or pendency of the case against them. B.A. No. 1091 OF 2008 -: 2 :- The petitioners, in these circumstances, want to surrender before the learned Magistrate and seek regular bail. The petitioners apprehend that their applications for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioners have come to this Court for a direction to the learned Magistrate to release them on bail when they appear before the learned Magistrate. 3. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioners' applications 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). 4. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek bail, after giving sufficient prior B.A. No. 1091 OF 2008 -: 3 :- notice to the Prosecutor in charge of the case, the learned 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