IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1713 of 2008() ----------------------------- CRIME NO.652/2004 OF VALAPATTANAM POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ JAYARAJAN A.P., S/O. NARAYANAN, AGED 39 YEARS, ASHARIKANDY PUTHIYAVEETTIL, P.O. KANNADIPARAMBA, KANNUR. BY ADV. SRI.P.M.PAREETH RESPONDENTS: RESPONDENT: ------------------------ STATE OF KERALA, REPRESENTED BY S.H.O. VALAPATTANAM POLICE STATION THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1713 of 2008 ---------------------------------------- Dated this the 18th day of March 2008 O R D E R Application for anticipatory bail. The petitioner is the husband of the de facto complainant. He faces indictment in a prosecution inter alia under Section 498A I.P.C. The petitioner was not arrested at the crime stage. Investigation is now complete. Final report has already been filed. Cognizance has been taken. Calender case has been registered as the petitioner has not entered appearance. Reckoning him as an absconding accused, coercive processes have been issued against the petitioner. The petitioner finds such processes chasing him. 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. 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.1713/08 2 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. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr B.A.No.1713/08 3 B.A.No.1713/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007