IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 889 of 2008() ---------------------------- CRIME 65/06 OF HARIPPAD POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- SREEJITH, S/O. SASIDHARAN PILLAI, AMBADY LANE, V WARD, CHIRAKKAL PANCHAYATH, KANNETTUKARA, CHIRAKKAL VILLAGE, KOLLAM TALUK. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, HARIPPAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 889 OF 2008 E ```````````````````````````````````````````````````` Dated this the 15th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused. He faces indictment in a prosecution under section 304 IPC. There are two accused in all. Both accused were allegedly driving vehicles in such a manner as to endanger human life. Investigation is now complete. Final report has already been filed. Committal proceedings has been registered. The petitioner has not entered appearance so far. The petitioner had come before this Court earlier. As per order dated 3.1.08 in Crl.M.C.No.36/08, another Bench of this Court directed the petitioner to surrender before the learned Magistrate and seek regular bail. He has not appeared before the learned Magistrate so far. Coercive processes have been issued by the learned Magistrate against the petitioner. The petitioner apprehends imminent arrest. BA.889/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner 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 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. BA.889/08 : 3 : 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 on merits, in accordance with law and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) aks