IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2300 of 2008() ----------------------------- LP.26/2003 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.465/2000 OF KADAKKAL POLICE STATION .................... PETITIONER : 2ND ACCUSED ---------------------------- SHIHABUDEEN, S/O.NINA RAWTHER NR HOUSE, MUNAYIL, MANGODE, KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2300 of 2008 ------------------------------------- Dated this the 10th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused facing indictment in a prosecution under Section 494 I.P.C. He married the wife of the defacto complainant, who also faced indictment as the 1st accused in the case. Investigation was completed. Final report was filed. The petitioner was not available for being proceeded with. The co-accused who faced trial have all been acquitted. In fact the matter has been settled between the defacto complainant and the accused, it is submitted. 2. As the petitioner was not available, the case against him was split up and transferred to the list of Long Pending Cases. Coercive processes are being issued by the learned Magistrate. The petitioner apprehends imminent arrest. 3. According to the petitioner, the petitioner is willing to surrender before the learned Magistrate. His absence earlier was not wilful or deliberate. But he apprehends that the learned Magistrate may not consider his application for regular bail when B.A.No.2300 of 2008 2 he surrenders, on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 438 Cr.P.C may be issued in favour of the petitioner. The petitioner shall appear along with the defacto complainant. He shall file appropriate application for composition of the offence. He shall also file an application for regular bail, if such release on bail be necessary for any purpose. The learned Magistrate may be directed to consider the application for composition and dispose of the same. If there be any delay in the disposal of the application for composition, the petitioner's application for regular bail may be directed to be considered on the date of surrender itself, it is prayed. 4. I am satisfied, in these circumstances, that appropriate directions can be issued under Section 438 Cr.P.C and/or 482 Cr.P.C to redress the grievance of the petitioner. 5. This Bail Application is, in these circumstances, allowed in part. The following directions are issued: i) The petitioner shall not be arrested in execution of any processes issued by the court till 21.04.08; ii) On or before that date, the petitioner can appear before the learned Magistrate. He can file an application for B.A.No.2300 of 2008 3 composition and also an application for grant of regular bail. The learned Magistrate must consider the application for composition. If such application is not allowed and for any reason that application is not taken up for consideration on that date, the learned Magistrate must proceed to consider the application for regular bail to be filed by the petitioner on his surrender and pass appropriate orders on the date of surrender itself. 6. Hand over a copy of this order to the learned counsel for the petitioner forthwith. (R.BASANT, JUDGE) rtr/-