IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7664 of 2007()
1. SHAFEEQ.M.
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
2. KANNUR CITY POLICE STATION,REP. BY
For Petitioner :SRI.K.RAJESH SUKUMARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/12/2007
O R D E R
R.BASANT, J
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B.A.No.7664 of 2007
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Dated this the 13th day of December, 2007
ORDER
Application for anticipatory bail. Petitioner faces allegations
in a crime registered under Section 393 I.P.C. The crux of the
allegation against the petitioner is that he attempted to snatch
away the bag containing currency notes which the defacto
complainant, a pygmy deposit collector of a bank, a woman, was
carrying with her. The alleged incident took place on the evening
of 10.11.07. Complaint was lodged on the next day before the
police. Crime has been registered. Investigation is in progress.
The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. False allegations have been
raised against the petitioner because of political animosity, it is
urged.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the materials show
that there was an attempt to snatch away the bag containing
B.A.No.7664 of 2007 2
currency notes of the defacto complainant, a woman. She was
able to identify the miscreant, who was known to her, when she
lighted a torch. No independent eye witness has been traced so
far. But there is nothing to doubt or suspect the version of the
defacto complainant. In these circumstances, the petitioner may
not, at any rate, be granted anticipatory bail. He may be
directed to surrender before the Investigating Officer or the
learned Magistrate having jurisdiction and then seek regular bail,
submits the learned Public Prosecutor.
4. A contention raised by the learned counsel for the
petitioner is that political animosity is prompting the defacto
complainant to make false allegations against the petitioner. In
fact, I have gone through the petition. There is not even an
assertion that the petitioner belongs to or he is an active worker
of any political party. Admittedly the defacto complainant lady
has no political leadings. Her husband is alleged to be a political
worker. There is nothing to show that the husband of the defacto
complainant or the petitioner is such an important political
functionary as to justify the contention that a totally false and
B.A.No.7664 of 2007 3
vexatious allegation is being invented against the petitioner to
vex and harass the petitioner. I am not satisfied that there are
any circumstances in this case which can justify or warrant the
invocation of the extraordinary equitable discretion under Section
438 Cr.P.C. This, I am satisfied, is a fit case where the petitioner
must appear before the learned Magistrate having jurisdiction or
the Investigating Officer and then seek bail in the regular and
ordinary course.
5. This application is, in these circumstances, dismissed,
but I may hasten to observe that 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 and expeditiously.
(R.BASANT, JUDGE)
rtr/-