IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5305 of 2007()
1. CHALIL SAMEER, S/O. MUHAMMED,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.C.KHALID
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/09/2007
O R D E R
R. BASANT, J.
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B.A.No. 5305 of 2007
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Dated this the 4th day of September, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations, inter alia, under Sections 3 and 5 of the Explosive
Substances Act. According to the petitioner, the person really
arrayed as accused is one Sameer, an autorikshaw driver. He is
named in the earliest document. But subsequently succumbing to
political pressure on behalf of the said Samer that Sameer has been
deleted from the array of accused and the petitioner, an innocent
Sameer, has been arrayed as the accused. In these circumstances it is
prayed that directions under Section 438 Cr.P.C. may be issued in
favour of the petitioner.
2. The learned Prosecutor, on instructions, submits that
Investigation is now complete. Investigators have come to the
conclusion that the petitioner is the real accused person referred to by
the informant in the F.I. statement. Final report has already been
filed. The petitioner is not now required to be arrested by the police.
He will have to appear before the learned Magistrate and seek bail.
B.A.No. 5305 of 2007
2
In these circumstances there is no necessity to issue any direction under
Section 438 Cr.P.C., submits the Prosecutor.
3. I find merit in the submissions of the learned Prosecutor.
Investigation having already been completed and final report having already
been filed, it is for the petitioner now to appear before the learned
Magistrate and seek regular bail in the ordinary course. I find no reason to
invoke the extra ordinary equitable discretion under Section 438 Cr.P.C. in
favour of the petitioner.
4. This application is accordingly dismissed. I may however
hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously – on the
date of surrender itself.
(R. BASANT)
Judge
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