IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1411 of 2008() ----------------------------- CC.195/2006 of J.M.F.C.-II,ATTINGAL .................... PETITIONER/ACCUSED --------------------------- G.BAIJU GOPINATH, S/O.GOPINATHAN, AGED 30 YEARS, RESIDING AT SINDHU BHAVAN, MARIYAM, VENJARAMOODU. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN SRI.M.ZIYAD SRI.AMJITH.G.K. RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1411 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 420 I.P.C. Cognizance has been taken on the basis of a private complaint filed by the complainant. The petitioner has not entered appearance. Consequently coercive processes have been issued against the petitioner. He apprehends imminent arrest. 2. According to the petitioner his absence was not willful. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. In these circumstances it is prayed that appropriate directions may be issued 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 B.A.No. 1411 of 2008 2 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 merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm