IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 873 of 2008() ---------------------------- LPR.320/2001 of J.M.F.C.,KUNNAMKULAM .................... PETITIONER : ACCUSED ------------------------ P.V.SUBHASH,S/O. VASU THOPPIL VEEDU, VERACHIRA DESOM CHAIPPANKUZHI P.O., KUTTICHIRA VILLAGE THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- 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 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 873 OF 2008 ------------------------------------------------- Dated this the 8th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. Cognizance was taken much earlier. The petitioner had entered appearance. He was enlarged on bail. Thereafter, he did not appear before the learned Magistrate. The case has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. The petitioner apprehends imminent arrest. 2. 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 B.A. No. 873 OF 2008 -: 2 :- 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. 873 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