IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 806 of 2008() ---------------------------- ST.897/2005 of J.M.C. - I, PONNANI .................... PETITIONER/ACCUSED ----------------------------------- P.K.SIVADAS, S/O.LATE KELUKUTTY, KUYILAMPULLYKALAM, KODUMBU POST, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: NON-PARTY/COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAMAMURTHY, S/O.CHANRASEKHARAN NAIR, KALADY POST, PONNANI. R1 BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 806 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 138 of the N.I. Act. Cognizance was taken as early as in 2005. The petitioner has not so far entered appearance. Consequently coercive processes have been issued against the petitioner by the learned Magistrate. Such process are chasing him. 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 has not received any notice or summons from the court. The petitioner is willing to appear before the learned Magistrate. But he apprehends that his application for bail may not be considered 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. B.A.No. 806 of 2008 2 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 proceed to pass orders on merits, in accordance with law and expeditiously - on the date of surrender itself. (R. BASANT) tm Judge B.A.No. 806 of 2008 3