IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 211 of 2008() ---------------------------- ST.3887/2005 of J.M.F.C.-III,PALAKKAD .................... PETITIONER : -------------------- V.K. KUNJALUKUTTY, S/O. V.K. AHAMMEDKUTTY HAJI, VAIDHYAKARAN KANJEERATHENGIL HOUSE, VALIYORA P.O., VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENTS: ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 211 OF 2008 ------------------------------------------------- Dated this the 9th day of January, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.138 of the Negotiable Instruments Act. According to the petitioner, he was not aware of the initiation of the proceedings against him. No summons or notice was ever served on him. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner by the learned Magistrate. The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be B.A. No. 211 OF 2008 -: 2 :- considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks bail, after giving sufficient prior B.A. No. 211 OF 2008 -: 3 :- 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. SD/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge