IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1940 of 2008() ----------------------------- CC.771/2003 of J.M.F.C.,ALATHUR CRIME NO.361/02 OF THE VADAKKUMCHERI POLICE STATION, PALAKKAD. .................... PETITIONER/ACCUSED ----------------------------------- JAYAN, AGED 42, S/O.KUTTAN, PERUKKUDY HOUSE, THIRUVULLAKKAVU, CHERPU P.O., THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, VADAKKUMCHERI POLICE STATION, PALAKKAD DIST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1940 of 2008 ------------------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 3rd accused. He faces indictment in a prosecution under Sec.420 of the IPC. The petitioner had entered appearance. He was enlarged on bail. But later, consequent to his non-appearance, his bail bond was cancelled and a non-bailable warrant of arrest has been issued against the petitioner, submits the learned counsel for the petitioner. 2. According to the learned counsel for the petitioner, the absence of the petitioner was not wilful or deliberate; but was on account of reasons beyond his control. He further submits that the offence is compoundable and the offence has actually been compounded by the de facto complainant. The petitioner, in these circumstances, wants to surrender before B.A. No. 1940 of 2008 -: 2 :- 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 B.A. No. 1940 of 2008 -: 3 :- 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge