IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 227 of 2008() ---------------------------- CC.4199/2005 of JUDL.M.F.C.-I,ERNAKULAM CRIME 196/05 OF ERNAKULAM TOWN NORTH POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. ANTONY P.A.,AGED 32, S/O.AUGUSTINE P.E., PULIAMPILLY HOUSE, PLAY GROUND ROAD, ELAMAKKARA, KOCHI-26. 2. DHINU C.S., AGED 20, S/O. SUDHAKARAN, THALAKKATTU HOUSE, ARALUKKUNNU P.O., S.ARYAD, ALLEPPEY. 3. SHYMON S., AGED 24, S/O. SADANANDAN, CHAKKANATTU HOUSE, ARALUKKUNNU P.O., S.ARYAD, ALLEPPEY. 4. RADHAKRISHNAN NAIR, AGED 39, S/O. PANKAJAKSHAN, VALLIKKATTUCHIRA HOUSE, PALLIPURAM, CHERTHALA P.O. BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 227 OF 2008 ```````````````````````````````````````````````````` Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners face indictment in a prosecution for offences punishable, inter alia, under Section 324 IPC. All offences are bailable. The petitioners were enlarged on bail at the crime stage. But later, after the final report was filed, the petitioners could not appear. Coercive processes are issued against the petitioners. The petitioners find such processes chasing them. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Their absence earlier was not wilful or deliberate. The petitioners are willing to surrender before the learned Magistrate and seek regular bail. But they apprehend that their application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. They, therefore, pray BA.227/08 : 2 : that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioners on bail when they appear and apply for bail. 3. After the decision in Bharat Chaudhary and another Vs. State of Bihar [AIR 2003 SC 4662], it is now trite that powers under section 438 Cr.P.C. can be invoked in favour of a person who apprehends arrest in execution of a non-bailable warrant issued by a court in a pending proceedings. But even for that, sufficient and satisfactory reasons must be shown to exist. I am not persuaded, in the facts and circumstances of this case, that any such reasons exist. 4. It is for the petitioners to appear before the learned Magistrate and explain to the learned Magistrate, the circumstances under which they 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 petitioners on merits, in BA.227/08 : 3 : 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]. 5. In the result, this petition is dismissed but with the specific observation that if the petitioners surrender before the learned Magistrate and apply 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) aks