High Court Kerala High Court

K.K.Rajan vs State Of Kerala on 4 February, 2009

Kerala High Court
K.K.Rajan vs State Of Kerala on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 341 of 2009()


1. K.K.RAJAN, S/O.KARAPPU, AGED 41 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.UNNIKRISHNA MENON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :04/02/2009

 O R D E R
                             K.HEMA, J.
                       --------------------------------
                       B.A. No.341 OF 2009
                       --------------------------------
            Dated this the 4th day of February, 2009


                              O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 468, 471, 420

of I.P.C. According to prosecution, petitioner forged delivery

notes and seals and used them for clandestine transportation

of arecanuts to defeat the liability under the Kerala General

Sales Tax Act. Petitioner is the first accused.

3. The crime was registered as early as on 01.02.2008.

Petitioner filed an application earlier for anticipatory bail

before this court and it was dismissed as per Annexure C order

(order dated 29.04.2008 in B.A.No.2385 of 2008) and it was

observed therein, thus :

” Needless to say, if the petitioner

surrenders before the investigating officer

or 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. ”

B.A.No.341 of 2009
2

4. Petitioner did not surrender before the court or before

the Investigating Officer so far. The crime was registered more

than a year back. Petitioner is required for interrogation and

for the purpose of investigation. There is absolutely no reason

why he evaded law and failed to surrender to law. I am

satisfied that this is not a fit case to grant anticipatory bail.

This court has already observed in Annexure C order that

there are no features in this case which would justify

invocation of the extraordinary equitable discretion under

Section 438 Cr.P.C. I do not find any reason to review the said

order. Petitioner is not entitled for anticipatory bail and there

is absolutely no reason to entertain this petition.

On hearing both sides, the following order is passed :

i) Petitioner shall forthwith surrender before

the Investigating Officer and co-operate with

the investigation. Whether he surrenders or

not, Investing Officer is at liberty to arrest

him and proceed in accordance with law.

B.A.No.341 of 2009
3

ii) No further application for anticipatory bail

by petitioner in this crime will be entertained

by this court.

The petition is dismissed.

K.HEMA, JUDGE

pac