IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 184 of 2008()
1. RANJAN.V., S/O.NADESHAN,
... Petitioner
Vs
1. THE STATE OF KERALA REP. BY PUBLIC
... Respondent
2. SIVARAM TRANSPORT FINANCIERS LTD.,
For Petitioner :SMT.T.SUDHAMANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/01/2008
O R D E R
R.BASANT, J
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B.A.No.184 of 2008
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Dated this the 14th day of January, 2008
ORDER
Application for anticipatory bail. Petitioner faces allegations
under Section 138 of the Negotiable Instruments Act.
Cognizance has been taken. The petitioner has not so far
appeared before the learned Magistrate. Coercive processes
have been issued against the petitioner by the learned
Magistrate. The petitioner finds such processes chasing him.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He is willing to
surrender before the learned Magistrate and apply for bail. But
he 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 therefore prayed that directions
under Section 438 and/or 482 Cr.P.C may be issued in favour of
the petitioner.
3. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the
B.A.No.184 of 2008 2
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 such application 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 in Alice
George v. The Deputy Superintendent of Police [2003(1)
KLT 339].
4. This bail application is, in these circumstances,
dismissed, but with the specific observation 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 appropriate
orders on merits and expeditiously – on the date of surrender
itself.
(R.BASANT, JUDGE)
rtr/-