Janardhanan vs State Of Kerala on 31 July, 2007

Kerala High Court
Janardhanan vs State Of Kerala on 31 July, 2007
       

  

  

 
 
  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.

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                           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

2

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.

(R. BASANT)

Judge

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