IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 2ND AUGUST 2007 / 11TH SRAVANA 1929 Bail Appl..No. 4677 of 2007() ----------------------------- AGAINST THE ORDER IN LP.124/2003 IN CC.938/2000 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/ACCUSED ----------------------------------- BABY.P.M., S/O. MATHAI, PUTHANANGADI, HILL ROAD, ALUVA PO, NOW AT PUTHANANGADI HOUSE, ELOOKKARA ROAD, EAST KADUNGALLUR, U.C. COLLEGE PO, ALUVA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.4677 of 2007 ---------------------------------------- Dated this the 2nd day of August 2007 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. Cognizance has already been taken. Summons was issued. The petitioner has not entered appearance. The case has hence been transferred to the list of long pending cases. Coercive processes issued by the learned Magistrate are chasing the petitioner. According to the petitioner, he is absolutely innocent. His failure/omission to appear earlier was not deliberate or wilful. No summons/notice was ever served on the petitioner. The petitioner, in these circumstances, is willing to appear 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. 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. B.A.No.4677/07 2 2. 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. 3. 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 // True Copy// PA to Judge B.A.No.4677/07 3 B.A.No.4677/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007