IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 499 of 2008()
1. RAMANAN, S/O.CHELLAPPAN, RAMNIVAS
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.G.BENO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2008
O R D E R
R.BASANT, J
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B.A.No.499 of 2008
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Dated this the 29th day of January, 2008
ORDER
Application for anticipatory bail. Petitioner faces indictment
in a prosecution for offences punishable, inter alia, under Section
307 I.P.C. Final report has already been filed. Cognizance has
been taken by the learned Magistrate. Committal proceedings
has been registered. The petitioner has not been arrested at any
stage so far. Reckoning him as an absconding accused, coercive
processes have been issued against the petitioner. The petitioner
finds such processes chasing him. He apprehends imminent
arrest.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. He had no
knowledge of the proceedings. 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 482 Cr.P.C may be issued in favour of the petitioner.
B.A.No.499 of 2008 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 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/-