IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2493 of 2008()
1. C.R.CHANDRAMOHANAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BECHU KURIAN THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R. BASANT, J.
````````````````````````````````````````````````````
B.A. No. 2493 OF 2008
````````````````````````````````````````````````````
Dated this the 29th day of April, 2008
O R D E R
Application for anticipatory bail. Petitioner is the 1st
accused in a crime registered alleging offences punishable,
inter alia, under section 409 IPC. He was the Secretary of a
Government Employees’ Co-operative Society. During the
period 1.4.04 to 31.3.05 he is alleged to have misappropriated
the amount for about Rs.2,00,000/-. FIR was registered on
30.11.07 on the basis of an enquiry report. Investigation is in
progress. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
the petitioner is innocent. Political rivalry between factions is
prompting the authorities to raise vexatious allegations
against the petitioner. The petitioner may be granted
anticipatory bail, it is prayed.
3. The learned Public Prosecutor opposes the
application. He submits that there are no circumstances
BA.2493/08
: 2 :
whatsoever justifying or warranting the invocation of the
discretion under section 438 Cr.P.C.
4. 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 the 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.
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)
aks
