IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 587 of 2008() ---------------------------- CRIME NO. 72/06 OF PAZHAYANNUR POLICE STATION CC.355/2006 of J.M.F.C.,VADAKKANCHERRY .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- MOHANAN, AGED 40 YEARS, S/O.KUTTAAI (RAMAN), ANNAPARA HOUSE, THIRUVILLAMALA. BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, PAZHAYANNUR POLICE STATION. (CRIME 72/06) (C.C.355/06 OF J.F.C.M COURT, WADAKKANCHERY) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 587 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable under Section 452 I.P.C. That is the only non-bailable offence alleged against the petitioner. The petitioner has not been arrested so far. He has not received any notice from the court about the pendency of the proceedings against him. It is now understood that the learned Magistrate has taken cognizance of the offence allegedly committed by the petitioner. Reckoning him as absconding, coercive processes have been issued against the petitioner. It is in these circumstances that the petitioner has come to this Court for anticipatory bail. 2. According to the petitioner his absence was not willful. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered B.A.No. 587 of 2008 2 by the learned Magistrate on merits, in accordance with law and expeditiously. It is in these circumstances prayed that appropriate directions may be issued to release the petitioner on bail on the date of surrender itself. 3. It is certainly 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 application for bail to be filed by the petitioner when he surrenders before the learned Magistrate, 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 by this Court in the decision in Alice George v. Dy.S.P. of Police (2003 (1) KLT 339). 4. This application is accordingly dismissed. I may however hasten to observe 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 B.A.No. 587 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) Judge tm