IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 399 of 2008() ---------------------------- PETITIONER: ACCUSED NO.3: ------------------------------ MUSTHAFA, CHOLAMUKKATH HOUSE, THAZHACKODE AMSOM, AMMINIKKAD, ATHIKKAL. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- 1. STATION HOUSE OFFICER, (CRIME NO. 346/02 PERINTHALMANNA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 399 OF 2008 ------------------------------------------------- Dated this the 17th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the one of the 22 accused who were arrayed as accused in an indictment for offences punishable, inter alia, under Sec.307 of the IPC. It is submitted that altogether there were 22 accused persons. All the other accused persons, it is submitted, have been tried, found not guilty and acquitted. As the petitioner was not available, the trial against him has not conducted. The case against him was split up and the same has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner to procure his presence. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, B.A. No. 399 OF 2008 -: 2 :- the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 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). 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 399 OF 2008 -: 3 :- 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. (R. BASANT, JUDGE) Nan/