IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3740 of 2007()
1. SUDHAKARAN, S/O.KUNJUMON, AGED 24 YEARS,
... Petitioner
2. ASHRAF @ APPACHI, S/O.BEERAN, AGED
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/06/2007
O R D E R
R.BASANT, J
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B.A.No.3740 of 2007
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Dated this the 21st day of June, 2007
ORDER
Application for anticipatory bail. Petitioners are accused 1 and
3 in a pending prosecution under Section 379 read with 34 I.P.C.
Consequent to their non appearance before the learned Magistrate,
they find warrants of arrest issued by the learned Magistrate chasing
them. They are willing to surrender before the learned Magistrate,
but apprehends that their application for bail may not be considered
by the learned Magistrate on merits, in accordance with law and
expeditiously. In these circumstances, the petitioners pray that
directions under Section 438 Cr.P.C may be issued in their favour.
2. The decision in Bharat Chaudhary v. State of Bihar
[A.I.R 2003 S.C 4662] is authority for the proposition that powers
under Section 438 Cr.P.C can be invoked even in a case where the
apprehended arrest is in execution of a non bailable warrant issued by
a court. But even for that sufficient and satisfactory reasons must be
shown to exist. I find no such reasons in this case.
3. It is for the petitioners to appear before the learned
Magistrate and explain to the learned Magistrate the circumstances
under which they could not earlier appear before the learned
Magistrate. I have no reason to assume that the learned Magistrate
B.A.No.3740 of 2007 2
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].
4. This bail application is, in these circumstances, dismissed.,
but with the specific observation that if the petitioners appear before
the learned Magistrate and apply 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/-