IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4991 of 2007()
1. K.K.KRISHNARAJAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/08/2007
O R D E R
R. BASANT, J.
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Crl.M.A. No.4991 of 2007
in
B.A.No. 4000 of 2007
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Dated this the 23rd day of August, 2007
O R D E R
In favour of the petitioner, directions under Section 438
Cr.P.C. were issued as per order dt. 9.7.2007. The petitioner was
directed to surrender before the learned Magistrate on 16.7.2007 and
to comply with the other conditions imposed in the interests of a fair,
efficient and expeditious investigation. The petitioner did not take
advantage of that order. He did not surrender before the learned
Magistrate. He did not make any request to this Court earlier for
extension of time. On 22.8.2007, he conveniently has made the
present application for a re-fixation of the schedule for appearance
and to comply with the further directions.
2. What is the reason? Why is it that the petitioner did not
appear on 16.7.2007? Why is it that he did not apply for extension in
prompt time? An omnibus explanation is offered with the help of
Annex.B dt.2.8.2007 that the petitioner was ill for the period from
10.7.07 to 2.8.07 and he was advised complete rest during this period.
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The certificate and the petition do not explain why the petitioner did not
come to this court after 2.8.07 till 22.8.2007. I have reasons to assume that
the petitioner is not interested in complying with the conditions and is only
attempting to delay and protract the proceedings. The petitioner is not
entitled to any further equitable relief, he having not complied with the
direction of the court and he having not satisfactorily explained his
failure/omission to comply with the direction.
3. While granting anticipatory bail, the court alertly directs that the
petitioner must surrender before the Investigating Officer and make himself
available for interrogation. While equitable discretion is exercised in his
favour, he has also got an obligation to ensure that he co-operates with the
Investigator for the expeditious investigation. Such reckless non-
compliance with the conditions and indiscriminate prayer for extension of
time would affect the interests of a proper and expeditious investigation. I
am not persuaded to hold that there is any sufficient reason to grant
extension of time. The prayer must fail.
4. This petition is dismissed. Needless to say, the petitioner can
surrender before the Investigating Officer or the learned Magistrate now
and seek bail. If he surrenders, I repeat, his application for bail will have
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to be considered by the learned Magistrate on merits, in accordance with
law and expeditiously.
(R. BASANT)
Judge
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