IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 447 of 2008() ---------------------------- LPC.61/2002 of ADDL.C.J.M.,THALASSERY .................... PETITIONER/ACCUSED --------------------------------- VADAKKEDATH RAJAN, S/O. KUNHAPPA NAIR RESIDING AT VATTAKAYAM, ALAKODE AMSOM TALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: ------------- THE STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DT., REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 447 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. He is the sole accused in that case. Cognizance was taken in 2002. The petitioner was not available, he having gone abroad in connection with his employment. The case was transferred to the list of long pending case. The learned Magistrate has now issued coercive processes against the petitioner to secure his presence. The petitioner finds such coercive processes chasing him. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence was not willful. The learned counsel submits that the petitioner is willing to appear before the learned Magistrate. 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 in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. B.A.No. 447 of 2008 2 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm B.A.No. 447 of 2008 3