IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2649 of 2008()
1. ANANDAN, S/O.KUNJATHAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R.BASANT, J.
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B.A.No.2649 of 2008
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Dated this the 29th day of April 2008
O R D E R
Application for anticipatory bail. The petitioner faces
indictment in a prosecution under the Kerala Abkari Act.
Investigation is complete. Final report has already been filed.
The petitioner was not arrested at any stage. Cognizance has
now been taken by the learned Magistrate. Committal
proceedings has been registered. Reckoning the petitioner as an
absconding accused, coercive processes have been issued
against the petitioner. The petitioner apprehends imminent
arrest.
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 or 438 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.2649/08 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 in the light of the decision in Sukumari v.
State of Kerala [2001(1)KLT 22]).
(R.BASANT, JUDGE)
jsr
B.A.No.2649/08 3
B.A.No.2649/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007