IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 999 of 2008() ---------------------------- CRIME 2/95 OF TIRURANGADI POLICE STATION .................... PETITIONER/13TH ACCUSED ---------------------------------------- ABDUL HAKEEM, S/O.V.K.MUHAMMED MUSLIAR, VARIKKOTTIL HOUSE, P.O.PUNNATHALA, PUTHANANTHANI, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 999 OF 2008 ```````````````````````````````````````````````````` Dated this the 20th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces indictment as the 13th accused in a crime registered for offences punishable, inter alia, under sections 365 and 368 IPC. The petitioner was on bail at the crime stage, it is submitted. Investigation is complete. Final report has been filed. The petitioner was not available for trial he having gone abroad to take up employment. The co-accused, who have faced trial, were found not guilty and acquitted, submits the learned counsel for the petitioner. Reckoning the petitioner as an absconding accused, coercive process has been issued against the petitioner. The petitioner finds such process chasing him. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was BA.999/08 : 2 : 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 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 BA.999/08 : 3 : 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 date of surrender itself. (R.BASANT, JUDGE) aks