IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929 Bail Appl..No. 4629 of 2007() ----------------------------- C.C.955/06 OF J.F.C.M NO.I, THRISSUR .................... PETITIONER/ACCUSED ------------------------- SHAJI YOHANNAN, AGED 41 YEARS, S/O.YOHANNAN CHACKO, VASHANIANSA DEEP, PLOT NO.A1, ROOM NO.301, SECTOR-5, NEW PANAVEL. BY ADV. SRI.P.K.SAJEEV RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.4629 of 2007 ---------------------------------------- Dated this the 24th day of July 2007 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance has been taken by the learned Magistrate. Consequent to the non- appearance of the petitioner before the learned Magistrate, a warrant of arrest issued by the learned Magistrate is chasing him. The learned counsel for the petitioner submits that the petitioner is innocent. His failure/omission to appear before the learned Magistrate earlier was not wilful. He is willing to surrender before the learned Magistrate. 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. 2. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate, the B.A.No.4629/07 2 circumstances under which he could not earlier appear before the learned Magistrate. 3. 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 petition 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. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.4629/07 3 B.A.No.4629/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007