IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 Bail Appl..No. 5652 of 2007() ----------------------------- AGAINST THE ORDER IN L.P 45/2006 IN CC.201/2005 of J.M.F.C.,CHAVAKKAD .................... : PETITIONER/1ST ACCUSED: ---------------------------------------- SALI, S/O. HAMEED, AGED 30 YEARS,PUZHANGARA ILLATH VALIPARAMBIL HOUSE P.O. KADAPURAM, KADAPURAM VILLAGE,CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5652 of 2007 ------------------------------------- Dated this the 19th day of September, 2007 ORDER Application for anticipatory bail. The petitioner faces allegations for offences punishable, inter alia, under Section 27 of the Arms Act. Investigation is complete. Final report has already been filed. The petitioner was not available for trial. The co-accused were available for trial. One of them has been found not guilty and acquitted. The case against the petitioner has been split up and transferred to the list of Long Pending Cases. Coercive processes have been issued by the learned Magistrate. The petitioner finds a warrant of arrest issued by the learned Magistrate chasing him. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful. He is willing to appear 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. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. 3. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances 2 under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This bail application is, in these circumstances, dismissed, but with the specific observation that if the petitioner appears 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 and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-