IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1855 of 2008() ----------------------------- LP.10/2002 of J.M.F.C.,NADAPURAM CRIME NO.58/2000 OF NADAPURAM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ RAFEEQUE VADAKUMKARA, PARAKADAVU P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008 ALONG WITH B.A.NO.1867/08 AND OTHER CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos.1855, 1867, 1871, 1876 & 1880 of 2008 ------------------------------------------------- Dated this the 26th day of March, 2008 ORDER The common petitioner in these five applications prays for grant of anticipatory bail. The petitioner faces indictment for offences punishable under Secs.435 of the IPC (B.A.No.1876/08), 324 (B.A.Nos.1871 & 1867/08), 326 (B.A.No.1855/08) and 323 of the IPC (B.A.No.1880/08). In all these cases the petitioner was on bail at the crime stage. But after cognizance was taken, the petitioner could not appear before the learned Magistrate. Reckoning him as an absconding accused, the learned Magistrate has transferred the cases to the list of Long Pending Cases. Coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him now. 2. According to the petitioner, he is absolutely innocent. B.A. Nos.1855, 1867, 1871, 1876 & 1880 of 2008 -: 2 :- His absence earlier was not wilful or deliberate. He had secured employment aboard and was hence not able to appear before the learned Magistrate. He is now 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. He therefore prays that directions under Sec.438 of the Cr.P.C. may be issued in his favour. 3. The learned Public Prosecutor opposes the applications. It is for the petitioner to surrender before the learned Magistrate and seek regular bail in the normal course, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. After the decision in Bharat Chaudhary and another v. State of Bihar (AIR 2003 SC 4662), it is by now trite that powers under Sec.438 of the Cr.P.C. can be invoked in favour of a person who apprehends arrest in execution of a non-bailable warrant issued by a court in a pending proceedings. But even for that, sufficient and satisfactory reasons must be shown to exist. I am not persuaded, in the facts and circumstances of this case, that any such reasons exist. 5. It is for the petitioner to appear before the learned B.A. Nos.1855, 1867, 1871, 1876 & 1880 of 2008 -: 3 :- 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 petitioner's application 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). 6. In the result, these applications are dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge