IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 Bail Appl..No. 5694 of 2007() ----------------------------- C.C.NO.666/2003 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT- KASARGODE PETITIONER ----------------- MANZOOR,S/O.ABDUL KHADER,MINI ESTATE, ALAMPADY,KASARGOD. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: ------------- THE STATE OF KERALA (SI OF POLICE, KASARGOD),REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.5694 of 2007 = = = = = = = = = = = = = = Dated this the 19th day of September, 2007 ORDER Application for anticipatory bail. The petitioner is the husband of the de facto complainant. He faces allegations under Sec.498A IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner was once released on bail. Subsequently, consequent to his non appearance, warrant of arrest has been issued by the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The absence of the petitioner earlier was not wilflul. 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, in accordance with law and expeditiously. He therefore prays that a direction may be issued under Section 482 Cr.P.C to the learned Magistrate to release him on bail when he appears and applies for bail. 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 B.A.No.5694 of 2007 2 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