IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4649 of 2007()
1. MANGATTU SUSHEELA, W/O LAKSHMANAN,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,
... Respondent
For Petitioner :SRI.V.A.SATHEESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/08/2007
O R D E R
R.BASANT, J
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B.A.No.4649 of 2007
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Dated this the 1st day of August, 2007
ORDER
Application for anticipatory bail. The petitioner, a woman was
allegedly found in possession of 12 litres of wash on 21.02.05. The
alleged recovery was from the personal possession of the petitioner.
The seizure mahazar and occurrence report show the name of the
petitioner as the accused. As there was no woman officials in the
detecting party the petitioner could not be arrested. Investigation is
complete. Final report has already been filed. The petitioner has not
been arrested. The petitioner apprehends imminent arrest. After
cognizance was taken, the learned Magistrate has issued coercive
processes against the petitioner. It is prayed that anticipatory bail may
be granted to the petitioner. In these circumstances, appropriate
directions may be issued under section 438 Cr.P.C, prays the learned
counsel for the petitioner.
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
B.A.No.4649 of 2007 2
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 facts and circumstances of the case, I find absolutely
no features which would justify the invocation of the extraordinary
equitable discretion under Section 438 Cr.P.C. This is a fit case where
the petitioner must appear before the learned Magistrate or the
Investigating Officer and seek regular bail in the normal and ordinary
course.
4. This application is, in these circumstances, dismissed. I
may hasten to observe that if the petitioner appears before 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 appropriate orders on merits and expeditiously – on the date of
surrender itself, unless there are compelling reasons. Needless to
say, the learned Magistrate has to take into account all the
circumstances including the fact that the petitioner is a woman, that
the investigation is already complete and that petitioner though
available for arrest had not been arrested earlier.
(R.BASANT, JUDGE)
sj /true copy/-
P.A.to Judge