IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 564 of 2008()
1. CHEMBRAMMAL SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.T.K.KUNHABDULLA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :15/02/2008
O R D E R
R.BASANT, J.
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B.A.No.564 of 2008
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Dated this the 15th day of February 2008
O R D E R
Application for anticipatory bail. The petitioner is arrayed
as the first accused in a crime registered under the Kerala
Abkari Act. 770 litres of wash was allegedly seized from the
possession of the petitioner and two others on 29/8/2006. All the
three accused persons ran away. Two of them (Accused 2 and 3)
were subsequently apprehended. They have already been
enlarged on bail. The petitioner has not so far been arrested or
apprehended. The petitioner contended that he is not the person
who remains on the array of accused. It was his contention that
on the basis of some mistaken perception, he was being sought
to be arrested.
2. Interim directions were issued in this bail application
on 01/02/2008. The petitioner made himself available before the
investigating officer. The investigating officer now categorically
asserts that the petitioner is one of the three persons who was
available at the scene of the crime and had run away. Other
materials available also show the truth of that assertion.
Insignificant difference in the description of the petitioner is not
B.A.No.564/08 2
sufficient to generate any reasonable doubt about the identity of
the first accused. In any view of the matter, the petitioner may
not be granted anticipatory bail. He may be permitted to
surrender and seek regular bail in the ordinary course, submits
the learned Public Prosecutor.
3. Having considered all the relevant inputs, I find merit
in the opposition by the learned Public Prosecutor. I am satisfied
that there are no features in this case which would justify
invocation of the extraordinary equitable discretion under
Section 438 Cr.P.C. This, I agree with the learned Public
Prosecutor, is a fit case where the petitioner must appear before
the investigating officer or the learned Magistrate having
jurisdiction and then seek regular bail in the normal and
ordinary course.
4. In the result, this petition is dismissed. 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.
(R.BASANT, JUDGE)
jsr // True Copy// PA to Judge
B.A.No.564/08 3
B.A.No.564/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007