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. 1843 of 2008() ----------------------------- CC.73/2006 of J.M.F.C.-I, KOLLAM .................... PETITIONER : ----------------- ABU HURAIRA, S/O. THANGAL KUNJU, KATTUMPURATHU VEEDU, KILIKOLLOOR KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. 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. No. 1843 of 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.452 of the IPC. The petitioner was on bail at the crime stage. Investigation is complete. Final report has already been filed. Cognizance has been taken. The petitioner has not entered appearance so far. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. 2. According to the petitioner, he is absolutely innocent. His absence earlier was not wilful or deliberate. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner B.A. No. 1843 of 2008 -: 2 :- 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. 1843 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