IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 301 of 2008() ---------------------------- CRIME 108/05 OF YEROOR POLICE STATION CP.174/06 AND LP.65/07 OF JFCM-I, PUNALOOR PETITIONER/ACCUSED NO.6: ------------------------------ SANTHOSH, S/O.VIJAYAN, SANTHOSH BHAVAN, NETTAYAM, YEROOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, REPRESENTED BY PUBLICL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 301 OF 2008 A ```````````````````````````````````````````````````` Dated this the 23rd day of January, 2008 O R D E R Petitioner is the 6th accused and he faces indictment in a prosecution for offences punishable, inter alia, under Sections 308 and 326 read with 149 IPC. The petitioner was released at the crime stage but after the final report was filed, he could not enter appearance as he was abroad in connection with his employment. The case against the petitioner has been split up and the same is transferred to the list of long pending cases. Coercive processes have been issued against the petitioner by the learned Magistrate to procure his presence. The petitioner finds such processes chasing him now. 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 BA.301/08 : 2 : 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 438 and/or 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. Sufficient general directions have been issued in Alice George Vs. Deputy Superintendent of Police [2003 (1) KLT 339]. BA.301/08 : 3 : 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