IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH NOVEMBER 2007 / 22ND KARTHIKA 1929 Bail Appl..No. 6862 of 2007() ----------------------------- C.P..323/2004 of J.M.F.C.,KASARAGOD CRIME NO.771/2000 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED: ------------------- ASSINAR,S/O.MOHAMMED, KAHAZILINE, THALANGARA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: RESPONDENT/COMPLAINANT ----------------------------------- STATE OF KERALA REP BY SHO KASARAGOD POLICE STATION REP BY PUBLIC PROSECUTOR ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.6862 of 2007 = = = = = = = = = = = = = = Dated this the 13th day of November, 2007 ORDER Application for anticipatory bail. The petitioner is the 1st accused. He faces indictment in a prosecution for the offences punishable, inter alia, under Sections 326 and 307 IPC. Investigation is complete. Final report has already been filed. Committal court has taken cognizance and registered the committal proceedings. Consequent to non-appearance of the petitioner, the learned Magistrate has issued coercive processes against him. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The absence of the petitioner earlier was not wilful. 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. In these circumstances, appropriate directions may be issued under Section 438 Cr.P.C, prays the learned counsel for the petitioner. B.A.No.6862 of 2007 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. The learned Magistrate must consider such application for bail on merits, in accordance with law and expeditiously. 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 application. is, in these circumstances, 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 and expeditiously-on the date of surrender itself. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE B.A.No.6862 of 2007 3