IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 822 of 2008() ---------------------------- CP.96/2007 of J.M.F.C.,KATTAKADA .................... PETITIONER/IST ACCUSED --------------------------------------- AJAYAKUMAR @ PODIYAN, S/O.VASUDEVAN NAIR, KATTUVILA PUTHEN VEEDU, VELIYAMKODE P.O., MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON 06/02/2008 PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 822 OF 2008 ------------------------------------------------- Dated this the 6th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution under Sec.55(g) of the Kerala Abkari Act. At the crime stage, the petitioner was arrested and enlarged on bail. Investigation is now complete. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. Though the petitioner had received notice, he could not appear on account B.A. No. 822 OF 2008 -: 2 :- of reasons beyond his control. 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 learned Magistrate and seeks bail, after giving sufficient prior B.A. No. 822 OF 2008 -: 3 :- 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