IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6724 of 2007()
1. SAJI, S/O. KARUNAKARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/11/2007
O R D E R
R.BASANT, J
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B.A.No.6724 of 2007
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Dated this the 5th day of November, 2007
ORDER
Application for anticipatory bail. The petitioner faces allegations
for offences punishable, inter alia, under Section 471 I.P.C. The crux
of the allegations against the petitioner is that he presented a forged
cheque and withdrew an amount of Rs.1 lakh from the bank. The
petitioner had earlier come to this Court with a prayer to direct
investigation to be conducted by the Vigilance Department or some
other independent agency. It is submitted that, later the investigation
was continued by the local police. Investigation is now complete.
Final report has already been filed. Cognizance has been taken by the
learned Magistrate. A warrant of arrest has been issued against the
petitioner. The petitioner is willing to surrender before the learned
Magistrate and seek regular 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 438 and/or 482 Cr.P.C
may be issued in favour of the petitioner.
2. It is for the petitioner to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
B.A.No.6724 of 2007 2
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].
3. This application for anticipatory bail 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/-