IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 4565 of 2007() 1. JANARDHANAN, S/O.KOCHAMAN, ... Petitioner Vs 1. STATE OF KERALA, REP. BY THE PUBLIC ... Respondent For Petitioner :SRI.A.C.DEVY For Respondent : No Appearance The Hon'ble MR. Justice R.BASANT Dated :31/07/2007 O R D E R R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4565 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2007 O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 20(b)(i) of the N.D.P.S. Act. He was
allegedly found to be in possession of 400 grams of ganja, which, as
per the law at present, is a small quantity. Possession of such small
quantity is a bailable offence.
2. The learned Prosecutor submits that the investigation is
complete. Final report has already been filed. Consequent to the
non-appearance of the petitioner warrant of arrest has been issued by
the learned Magistrate to procure the presence of the petitioner.
3. I am of the opinion that the offence being bailable it is for
the petitioner to appear before the court concerned and seek regular
bail. I find absolutely no reason to invoke the powers under Section
438 Cr.P.C. even assuming that such power can be invoked as
explained in the decision in Bharat Chaudhary v. State of Bihar
(IR 2003 SC 4662), in view of the pendency of the non-bailable
warrant issued by the learned Magistrate. In these circumstances I
B.A.No. 4565 of 2007
am satisfied that the petitioner must appear before the learned Magistrate
and then seek regular bail in the ordinary course.
5. This application is accordingly dismissed. Needless to say, if
the petitioner appears 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 orders on merits, in accordance with law and expeditiously – on the
date of surrender itself.