IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 324 of 2008() ---------------------------- ST.310/2007 of J.M.F.C.,MAVELIKKARA .................... PETITIONER ----------------- A.G.HAREENDRANATH, S/O.GOPALAKRISHNAPILLAI AYANIVELIL HOUSE, KAMPALADI, PORUVASHI PO, KUNNATHOOR KOLLAM BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.1.08 , THE COURT ON 14/01/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 324 OF 2008 ```````````````````````````````````````````````````` Dated this the 14th day of January, 2008 O R D E R Petitioner faces indictment in a prosecution under section 138 of the Negotiable Instruments Act. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive process has been issued against the petitioner. Such process is chasing the petitioner now. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was not wilful or deliberate. 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 on merits, in accordance with law and expeditiously. He, therefore, prays that directions under Section 482 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies BA.324/08 : 2 : 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. I find absolutely no reason to assume that the learned Magistrate would not consider the application for bail to be filed by the petitioner on merits, in 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]. 4. In the result, this petition is 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, in accordance with law and expeditiously - on the BA.324/08 : 3 : date of surrender itself. 5. In the peculiar facts and circumstances of the case, there shall be a direction that the warrant of arrest issued against the petitioner shall not be executed till 18.01.08. On or before that date, the petitioner must appear before the learned Magistrate and seek regular bail. 6. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) aks