IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 5TH DECEMBER 2007 / 14TH AGRAHAYANA 1929 Bail Appl..No. 7455 of 2007() ----------------------------- LP.4/2007 of C.J.M.,TRIVANDRUM .................... : PETITIONER/ACCUSED ----------------------------------- BIJU, THYVILAKAMPURAYIDAM, KOCHUVELI, TITANIUM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THUMPA P.O., THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.7455 of 2007 ------------------------------------- Dated this the 5th day of December, 2007 ORDER Application for anticipatory bail. Petitioner faces indictment for the offences punishable, inter alia, under Section 326 r/w 34 I.P.C. The crime took place in 2003. Investigation was completed. Final report was filed and cognizance was taken in 2003. The petitioner has not entered appearance so far. The case against him has been transferred to the list of Long Pending Cases. Coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He is willing to surrender before the learned Magistrate and apply for bail. But he apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is therefore prayed that directions under Section 482 Cr.P.C may be issued in favour of the petitioner. B.A.No.7455 of 2007 2 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 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 bail application is, in these circumstances, dismissed, but with the specific observation 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-