O R D E R

Application for anticipatory bail. The petitioner is the husband of the de facto complainant. He faces allegations under Section 498A I.P.C. Final report has already been filed. Cognizance has been taken. The petitioner has not appeared before the learned Magistrate. Thereupon a warrant of arrest has been issued against the petitioner. The case has been transferred to the list of long pending cases. The petitioner apprehends imminent arrest in execution of coercive processes issued by the learned Magistrate.

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 Cr.P.C. may be issued to the learned Magistrate to release the petitioner on bail when he appears and applies for bail.

3. In Bharat Chaudhary v. State of Bihar [AIR 2003 SC 4662]

it is well settled that powers under Section 438 Cr.P.C can