High Court Kerala High Court

Anil vs State Of Kerala on 14 August, 2007

Kerala High Court
Anil vs State Of Kerala on 14 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4981 of 2007(A)


1. ANIL, AGED 37 YEARS, S/O.ARAVINDAN,
                      ...  Petitioner

                        Vs



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

2. SUB INSPECTOR OF POLICE, PALARIVATTOM,

                For Petitioner  :SRI.P.B.SAHASRANAMAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :14/08/2007

 O R D E R
                          R.BASANT, J.
                       ----------------------
                       B.A.No.4981 of 2007
                   ----------------------------------------
             Dated this the 14th day of August 2007

                              O R D E R

Application for anticipatory bail. The petitioner faces

allegations under Section 498A I.P.C. The parties are before the

matrimonial court and there are several proceedings between

them. Investigation is now complete. Final report has already

been filed, submits the learned Public Prosecutor.

2. The learned counsel for the petitioner submits that

the petitioner is absolutely innocent. It is prayed that directions

under Section 438 Cr.P.C may be issued in favour of the

petitioner.

3. The learned Public Prosecutor submits that in as

much as the final report is filed, it is not necessary to invoke the

powers under Section 438 Cr.P.C. The petitioner may be

directed to surrender before the learned Magistrate and seek

regular bail in the ordinary course, submits the learned Public

Prosecutor.

4. After the decision in Bharat Chaudhary v. State of

Bihar [AIR 2003 SC 4662] it is well settled that powers under

Section 438 Cr.P.C can be invoked even in favour of the accused

who apprehends arrest in execution of a non bailable warrant

issued in a pending proceedings. But even for that, sufficient

B.A.No.4981/07 2

and satisfactory reasons must be shown to exist to justify the

invocation of the extraordinary equitable discretion under

Section 438 Cr.P.C. I do not find any such reasons in this case.

5. I am satisfied that it is not necessary to issue any

directions under Section 438 and/or 482 Cr.P.C. 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].

6. 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.

(R.BASANT, JUDGE)

jsr

B.A.No.4981/07 3

B.A.No.4981/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007