IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4677 of 2007()
1. BABY.P.M.,
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4677 of 2007
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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