IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5497 of 2007()
1. T.R.SOMAN, AGED 54 YEARS,
... Petitioner
2. SABU ALSO KNOWN AS GOWRY SABU,
3. ANANDAN, S/O LATE PURUSHAN,
4. SASINDRAN @ KUNJUKOCHU,
Vs
1. FOREST RANGE OFFICER,ERUMELY,
... Respondent
For Petitioner :SRI.K.A.HASSAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 5497 of 2007
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Dated this the 3rd day of October, 2007
O R D E R
Application for anticipatory bail. The petitioners apprehend
arrest as accused in O.R. 7 of 2007. The petitioners have been
arrayed as accused in two cases under the Kerala Forest Act. They
are O.R.Nos. 7 and 8 of 2007. In O.R. 8 of 2007 they have been
granted regular bail. They surrendered before the learned Magistrate
consequent to a direction issued by this Court. Before the learned
Magistrate they had sought regular bail in O.R. 7 of 2007 also. But
the learned Magistrate took the view that the petitioners have not
been formally arrayed as accused in O.R.7 of 2007 and therefore their
application for regular bail cannot be considered.
2. The petitioners in these circumstances had come to this
Court. According to the petitioners, the respondents are making
attempts to arrest them in O.R.No. 7 of 2007, but they are not filing
any report before the learned Magistrate. Consequently the right of
the petitioners to surrender before the learned Magistrate and seek
regular bail is affected. In these circumstances appropriate directions
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to the learned Magistrate or directions under Section 438 Cr.P.C. may be
issued granting anticipatory bail to the petitioners in O.R. 7 of 2007, it is
prayed.
3. Notice was given. The learned Prosecutor submits that on account
of an unintended error a common report was filed in O.R.Nos. 7 and 8 of
2007 on 7.9.2007. The learned Magistrate had reckoned the said report as
one relating to O.R. 8 of 2007 alone and that is why the petitioners’ prayer
for grant of regular bail was not considered by the learned Magistrate.
Subsequently, to clarify the matter and to cure the defect, a report
dt.1.10.2007 has been filed before the learned Magistrate to array the
petitioners as accused in O.R. 7 of 2007 specifically. In these
circumstances the petitioners may be directed to surrender before the
learned Magistrate and seek regular bail as they have done in O.R. 8 of
2007.
4. The learned counsel for the petitioners submits that the petitioners
shall be satisfied if such report has already been filed. They may be
permitted to surrender and seek regular bail, it is prayed.
5. This petition is, in these circumstances, allowed in part. The
submission of the learned Prosecutor that a report dt. 1.10.2007 to array the
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petitioners as accused in O.R. 7 of 2007 of Plachery Forest Station is
accepted. It is observed that the petitioners must surrender before the
learned Magistrate and seek regular bail in the ordinary course. If the
petitioners appear before the learned Magistrate as accused in O.R.No. 7 of
2007 and apply for regular bail after giving sufficient prior notice to
the Prosecutor in charge of the case, the learned Magistrate must
proceed to pass orders on merits, in accordance with law and expeditiously
– on the date of surrender itself.
(R. BASANT)
Judge
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R. BASANT, J.
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B.A.No. 5497 of 2007
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Dated this the 18th day of September, 2007
O R D E R
The learned counsel for the petitioner submits that though he had
offered to surrender before the learned Magistrate to seek bail in O.R. 7 of
2007 of Placherry Forest Station, the said request was not considered
favourably by the learned Magistrate for the reason that the petitioner is not
shown as an accused in the said forest crime so far. The learned Prosecutor
asserts that the petitioner is an accused in that case. Has any report to that
effect been filed before the learned Magistrate? When was such report
filed? What order, if any, has been passed by the learned Magistrate in such
report? These details shall be furnished to this Court by the learned
Prosecutor by 25.9.2007. Call on 25.9.2007. The learned Prosecutor
undertakes that the petitioner shall not be arrested till that date.
(R. BASANT)
Judge
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