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. 272 of 2008(T) ----------------------------- CRIME NO. 366/02 OF PONNANI POLICE STATION CC.138/2003 of J.M.C. - I, PONNANI .................... PETITIONER --------------------------- T.C.SHAJU, S/O.CHACKO, THALIKAN HOUSE, MUKUNDAPURAM TALUK, CHIRANGARA KORATTY. BY ADV. SRI.T.VINOD KUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR 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. 272 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Sections 279 and 304A I.P.C. Final report has been filed. Cognizance has been taken. The case has been filed as C.C. 138 of 2003 before the learned Magistrate. Consequent to non-appearance of the petitioner, coercive processes have been issued against the petitioner. He finds such processes chasing him. 2. According to the petitioner his absence was not willful. No notice or summons was ever served on the petitioner and that is why he could not appear before the learned Magistrate. The learned counsel for the petitioner 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 B.A.No. 272 of 2008 2 appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 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 B.A.No. 272 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm