IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4430 of 2007()
1. K.GEETHA, AGED 45, T.C.6/646,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.LAL GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/07/2007
O R D E R
R.BASANT, J
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B.A.No.4430 of 2007
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Dated this the 23rd day of July, 2007
ORDER
Application for anticipatory bail. The petitioner is the 1st accused.
There is an allegation that building taken on rent by the petitioner was
used for running the flesh trade. The investigation is complete. Final
report has already been filed. The petitioner’s prayer for anticipatory
bail was dismissed by the learned Sessions Judge, even before the
final report was filed. The learned Public Prosecutor submits that the
the final report was filed on 30.6.07 and the prosecution is pending as
C.C.No.937/2007. The petitioner apprehends imminent arrest.
2. After the decision in Bharat Chaudhary v. State of Bihar
[A.I.R 2003 S.C 4662], it is trite that powers under Section 438 Cr.P.C
can be invoked in favour of a person who apprehends arrest in
execution of a non bailable warrant issued by a court in a pending
proceedings. But even for that, sufficient and satisfactory reasons
must be shown to exist. I am not persuaded in the facts and
circumstances of this case to conclude that any such reasons exist.
3. In the result, this petition is dismissed. I may however,
B.A.No.4430 of 2007 2
hasten to observe that if the petitioner appears before the learned
Magistrate and applies for bail, after giving sufficient prior notice to the
Prosecutor, the learned Magistrate must proceed to pass appropriate
orders on merits, in accordance with law and expeditiously-on the date
of surrender itself unless there are exceptional and compelling
reasons.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE