IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 988 of 2008() ---------------------------- CP.33/2006 of J.M.F.C., MANNARKAD CRIME NO.618/2000 OF THE MANNARKKAD POLICE STATION .................... PETITIONER/2ND ACCUSED : ----------------- MUHAMMEDALI, S/O. MOIDUTTY, KIZHAKKETHIL HOUSE, ARIYOOR P.O., KUMARAMPUTHOOR, MANNARKKAD TALUK, PALAKKAD. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 988 OF 2008 ------------------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.302 of the IPC. Investigation is complete. The petitioner was released on bail at the crime stage, it is submitted. After completion of the investigation, final report has been filed. Cognizance has been taken by the learned Magistrate. But the petitioner has not subsequently entered appearance. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. Such processes are chasing the petitioner now. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. He had gone abroad to take up employment. The petitioner, in these B.A. No.988 OF 2008 -: 2 :- circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner 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, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 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 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 Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned B.A. No.988 OF 2008 -: 3 :- Magistrate must proceed to pass appropriate orders on merits and expeditiously – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge