High Court Kerala High Court

Hashim vs State Of Kerala on 24 September, 2007

Kerala High Court
Hashim vs State Of Kerala on 24 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5729 of 2007(H)


1. HASHIM, CHERKALA, CHERKALA VILLAGE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY INSPECTOR OF
                       ...       Respondent

                For Petitioner  :SRI.T.B.SHAJIMON

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :24/09/2007

 O R D E R
                          R.BASANT, J.
                       ----------------------
                       B.A.No.5729 of 2007
                   ----------------------------------------
           Dated this the 24th day of September 2007

                              O R D E R

Application for anticipatory bail. The petitioner is the

second accused. The crux of the allegations is that the first

accused was apprehended with 300 x 100 ml of Karnataka arrack

in packets. The first accused on interrogation furnished

information to the investigating officer about the complicity of

the petitioner herein. The petitioner/second accused is allegedly

the person who used to furnish contraband liquor to the first

accused for local sales. The quantity allegedly seized was also

obtained from the petitioner herein, it is alleged.

2. The learned counsel for the petitioner submits that

the allegations are totally false. Except the alleged confession

statement of the first accused, there is no material whatsoever

against the petitioner. The petitioner was hospitalised and was

not even available on the relevant date to supply any contraband

liquor to the first accused. In these circumstances, the

petitioner may be granted anticipatory bail, it is prayed.

3. The application is opposed by the learned Public

Prosecutor. The learned Public Prosecutor submits that at the

B.A.No.5729/07 2

moment and with the available inputs, there is absolutely no

reason to justify the prayer for invocation of the extraordinary

equitable discretion under Section 438 Cr.P.C. The petitioner

has to be arrested and interrogated. Further materials have to

be collected. It will be inexpedient and unnecessary to permit

the petitioner to arm himself with an order of anticipatory bail at

this stage.

4. Having considered all the relevant inputs, I find merit

in the opposition by the learned Public Prosecutor. I find no

features in this case which would justify the invocation of the

extraordinary equitable discretion under Section 438 Cr.P.C.

There is not even an allegation that the powers of arrest are

about to be invoked with any malicious or oblique motives. I am

satisfied that this petition deserves to be dismissed.

5. 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

B.A.No.5729/07 3

B.A.No.5729/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007