IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2296 of 2008() ----------------------------- AGAINST THE ORDER IN CC. 318 /2002 IN LP.249/2003 of J.M.F.C.,CHALAKUDY CRIME NO.95/95 OF MALA POLICE STATION .................... PETITIONER : ACCUSED NO.1 ----------------- THAMBY, S/O.DEVASSY, AGED 44 YEARS, MANJOORAN HOUSE, PAZHUKKARA DESOM, ANNALLUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2296 of 2008 ------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused and he faces indictment in a prosecution under the Copy Rights Act. He was enlarged on bail at the crime stage, it is submitted. Investigation was completed. Final report was filed. Cognizance was taken, but the petitioner did not appear thereafter. The co- accused had already been tried, found not guilty and acquitted, it is submitted. The case against the petitioner has been transferred to the list of Long Pending Cases. Reckoning the petitioner as an absconding accused, coercive processes have been issued. The said processes are chasing the petitioner now. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he 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 therefore prayed that directions B.A.No.2296 of 2008 2 under Section 438 and/or 482 Cr.P.C may be issued in favour of the petitioner. 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 such application 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 in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339]. 4. This bail application is, in these circumstances, dismissed, but with the specific observation 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 proceed to pass appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/- B.A.No.2296 of 2008 3