IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 552 of 2008(S) ----------------------------- SC.513/2007 of ADDL.SESSIONS COURT (ADHOC-III),N.PARAVUR .................... PETITIONER: ----------------- SASI, S/O. SUBRAN, MANAKAPARAMBU VEETTIL, KIZHAKKEPRAM, VANIYAKKAD, KOTTUVALLY, NORTH PARAVUR. BY ADV. SRI.LIJU. M.P SRI.G.PADMARAJ RESPONDENT: ---------------- STATE OF KERALA, REP. BY THE INSPECTOR, VARAPPUZHA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 552 OF 2008 ------------------------------------------------- Dated this the 24th day of January, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations of having committed offences punishable under the Kerala Abkari Act. The petitioner was on regular bail at the crime stage itself, it is submitted. The case has been committed and the Sessions Case has been registered. On the date of posting i.e., 22/1/08, though the petitioner was present in the court premises with sureties, on account of some mistakes in the noting/calling of the number of the case, the petitioner could not appear before the learned Judge when the case was called. Consequently, on 22/1/08 a warrant of arrest has been issued by the learned Judge against the petitioner. The petitioner finds such warrant of arrest chasing him. 2. According to the petitioner, he is absolutely innocent. B.A. No. 552 OF 2008 -: 2 :- His absence to appear and claim bail on 22/1/08 was on account of reasons beyond his control. The petitioner, in these circumstances, wants to surrender before the learned Judge and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Judge on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Judge to release him on bail when he appears before the learned Judge. 3. It is for the petitioner to appear before the learned Judge and explain to the learned Judge the circumstances under which he could not earlier appear before the learned Judge. I have no reason to assume that the learned Judge would not consider the petitioner's application for regular bail on merits, in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Judge and seeks bail, after giving sufficient prior notice B.A. No. 552 OF 2008 -: 3 :- to the Prosecutor in charge of the case, the learned Judge must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. 5. In the peculiar facts and circumstances of this case, there shall be a direction that the warrant of arrest issued by the learned Judge on 22/1/08 shall not be executed till 1/2/2008. On or before that date the petitioner must surrender and seek regular bail. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge