IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2901 of 2008 ------------------------------------- (CRIME NO.210/2005 OF PANDALAM POLICE STATION, PATHANAMTHITTA) PETITIONER/ACCUSED -------------------------------- ANANTHAN, S/O.RAMACHANDRAN NAIR,CHANDRAVILASOM VEEDU, NEDIYAKALA,ELAVUMTHITTA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI. VISHNU S.CHEMPAZHANTHIYIL RESPONDENTS/COMPLAINANTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PATHANAMTHITTA. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2901 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under the Kerala Abkari Act. Cognizance was taken. The case was committed. The case has been registered as a Sessions case. Consequent to non- appearance of the petitioner, the case has been transferred to the list of long pending cases. Coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner apprehends imminent arrest. 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 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 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail. B.A.No.2901/08 2 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]. 4. In the result, this bail application 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) jsr B.A.No.2901/08 3 B.A.No.2901/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007