IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1771 of 2008() ----------------------------- CRIME NO.153/2003 OF MEENANGADI POLICE STATION PETITIONER/ACCUSED NO.1: ----------------- KABEER, AGED 33 YEARS, S/O.A.P.BAVA,ARANGATHPARAMBIL HOUSE,MANGALAM P.O., TIRUR,MALAPPURAM. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- STATE OF KERALA, 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 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.1771, 1772, 1773 & 1780 of 2008 ---------------------------------------- Dated this the 19th day of March 2008 O R D E R Application for anticipatory bail. The common petitioner is the accused in four prosecutions all pending before the learned Judicial First Class Magistrate Court-I, Sulthanbathery. The petitioner faces allegations in all these cases inter alia under Sections 379 and 380 I.P.C. The crimes were registered as early as in 2003. Final reports have been filed. Cognizance has been taken by the learned Magistrate. The petitioner has not appeared before the learned Magistrate. Consequently the case against him has been split up and transferred to the list of long pending cases. Co-accused were faced trial and have already been acquitted, submits the learned counsel for the petitioner. Reckoning the petitioner as absconding, coercive processes have been issued against the petitioner. The petitioner apprehends imminent arrest in execution of such processes. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His absence earlier was 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. B.A.Nos.1771, 1772, 1773 & 1780/08 2 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 339]. 4. In the result, this bail application 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) jsr B.A.Nos.1771, 1772, 1773 & 1780/08 3 B.A.Nos.1771, 1772, 1773 & 1780/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007