High Court Kerala High Court

M.Shajahan vs State Of Kerala on 19 September, 2007

Kerala High Court
M.Shajahan vs State Of Kerala on 19 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5631 of 2007()


1. M.SHAJAHAN, AGED 40,
                      ...  Petitioner
2. RAHMATHULLAH, AGED 38,
3. NOUSHAD, AGED 33,
4. SHAJAHAN, AGED 36, S/O HANEEFAKUNJU,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.K.A.HASSAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :19/09/2007

 O R D E R
                           R. BASANT, J.
            -------------------------------------------------
                    B.A.NO. 5631 OF 2007
            -------------------------------------------------
        Dated this the 19th day of September, 2007

                               ORDER

Application for anticipatory bail. The petitioners are

accused 16, 30, 28 and 29 respectively in a Sessions Case

where they face indictment for offences punishable, inter alia,

under Sec.333 of the IPC and Sec.3 of P.D.P.P. Act.

2. Investigation is complete. Final report has already

been filed. The case has been committed to the Court of

Session. The case was registered as S.C.No.1081/04 before

the learned Additional Assistant Sessions Judge, Kollam. The

petitioners have not appeared before the learned Sessions

Judge. Consequently, warrants of arrest have been issued

against the petitioners. The petitioners find such warrants of

arrest chasing them.

2. According to the learned counsel for the petitioners,

B.A.NO. 5631 OF 2007 -: 2 :-

the petitioners are absolutely innocent. Their omission/failure to

appear before the learned Sessions Judge was not wilful or

deliberate; but was due to reasons beyond their control. They

are prepared to surrender before the learned Sessions Judge and

seek regular bail. But they apprehend that their applications for

regular bail may not be considered by the learned Sessions

Judge on merits, in accordance with law and expeditiously.

3. I have considered all the relevant inputs. After the

decision in Bharat Chaudhary and another v. State of Bihar

(AIR 2003 SC 4662), it is by now trite that powers under

Sec.438 of the 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, that

any such reasons exist.

4. It is for the petitioners to appear before the learned

Sessions Judge and explain to the learned Sessions Judge the

circumstances under which they could not earlier appear before

the learned Sessions Judge. I have no reason to assume that the

learned Sessions Judge would not consider the petitioners’

applications for regular bail on merits, in accordance with law

B.A.NO. 5631 OF 2007 -: 3 :-

and expeditiously. No special or specific directions appear to

be necessary. Every court must do the same. Sufficient general

directions on this aspect have already been issued in the decision

reported in Alice George v. Deputy Superintendent of Police

(2003 (1) KLT 339).

5. In the result, this bail application is dismissed; but with

the observation that if the petitioners surrender before the

learned Sessions Judge and seek bail, after giving sufficient

prior notice to the Prosecutor in charge of the case, the learned

Sessions Judge must proceed to pass appropriate orders on

merits and expeditiously – on the date of surrender itself.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge