IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 493 of 2008()
1. T.DILEEP KUMAR ,S/O.THULASEEDHARAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. CIRCLE INSPECTOR OF POLICE
For Petitioner :SRI.VARGHESE PREM
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/01/2008
O R D E R
R. BASANT, J.
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B.A. No.493 OF 2008
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Dated this the 22nd day of January, 2008
ORDER
Application for anticipatory bail. The petitioner faces
indictment in a prosecution under Sec.138 of the Negotiable
Instruments Act. The petitioner had received summons. He
had entered appearance through counsel. He had applied to
excuse his absence. That application was rejected. Coercive
processes have been issued against the petitioner. Such
processes are chasing the petitioner now.
2. According to the petitioner, he is absolutely innocent.
His absence earlier was not wilful or deliberate. The
petitioner, in these circumstances, wants to surrender before
the learned Magistrate and seek regular bail. The petitioner
apprehends that his application for regular bail may not be
considered by the learned Magistrate on merits, in accordance
B.A. No.493 OF 2008 -: 2 :-
with law and expeditiously. It is, in these circumstances, that
the petitioner has come to this Court for a direction to the
learned Magistrate to release him on bail when he appears
before the learned Magistrate.
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 the petitioner’s
application for regular bail on merits, in accordance with law
and expeditiously. No special or specific directions appear to
be necessary. Every court must do the same. Sufficient general
directions on this aspect have already been issued in the decision
reported in Alice George v. Deputy Superintendent of Police
(2003 (1) KLT 339).
4. In the result, this bail application is dismissed; but with
the observation that if the petitioner surrenders before the
learned Magistrate and seeks bail, after giving sufficient prior
B.A. No.493 OF 2008 -: 3 :-
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.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge