IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JULY 2007 / 4TH SRAVANA 1929 Bail Appl..No. 4504 of 2007() ----------------------------- CRIME NO.169/2000 OF BADIADKA POLICE STATION CRMP.1075/2007 of DISTRICT COURT, KASARAGOD .................... PETITIONER/ 3RD ACCUSED: ------------------------------------ JAMAL, S/O. ABDUL KHADER HAJI, KADEEJA MANZIL, PAIKA, NEKRAJE VILLAGE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA(CRIME NO.169/2000 BADIADKA POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4504 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2007 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution, inter alia, under Section 324 r/w. 149 I.P.C. Cognizance was taken and the case was numbered as C.C. 809 of 2000 before the J.F.C.M., Kasargode. The co-accused have already been tried and acquitted. But, as the petitioner was not available, the case against him was split up and refiled as C.C.No. 219 of 2003. The case has been transferred to the list of long pending cases. Coercive processes have been issued by the learned Magistrate. The petitioner finds such processes chasing him. 2. According to the petitioner he is absolutely innocent. His failure/omission to appear earlier was not wilful, but was due to reasons beyond his control. He is willing to surrender before the learned Magistrate and seek bail. He shall co-operate with the Court for the expeditious disposal of the case. But he apprehends that his application for bail may not be considered by the learned Magistrate B.A.No. 4504 of 2007 2 on merits, in accordance with law and expeditiously. In these circumstances it is prayed that appropriate directions may be issued to the learned Magistrate to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 the application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 orders on B.A.No. 4504 of 2007 3 merits, in accordance with law and expeditiously - on the date of surrender itself. 5. Hand over the order. (R. BASANT) Judge tm