High Court Kerala High Court

P.A.Shukoor vs State Of Kerala on 12 November, 2007

Kerala High Court
P.A.Shukoor vs State Of Kerala on 12 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3326 of 2007()


1. P.A.SHUKOOR, AGED 59 YEARS,
                      ...  Petitioner

                        Vs



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

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.R.SURAJ KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :12/11/2007

 O R D E R
                                 R.BASANT, J
                          ------------------------------------
                        Crl.M.C.No.3326 of 2007
                         -------------------------------------
             Dated this the 12th day of November, 2007

                                    O R D E R

This petition is filed under Section 482 Cr.P.C. The petitioner is

arrayed as the 2nd accused in a crime registered under Section 489 B

(c) I.P.C. Altogether there are 2 accused persons. The petitioner is

the 2nd accused. The 1st accused was arrested on 11.10.07. He

allegedly had 84 counterfeit currency notes of Rs.500/- denomination

in his possession. He was interrogated. His interrogation allegedly

revealed the complicity of the petitioner. The petitioner was hence

shown as the 2nd accused in the crime. Investigation is in progress.

The petitioner apprehends imminent arrest.

2. The petitioner has come to this Court with two alternative

prayers. The first prayer is virtually a prayer for grant of anticipatory

bail. Alternatively it is contended that there may be a direction that if

the petitioner surrenders and applies for bail, the learned Magistrate

may be directed to consider the application for bail on the date of

surrender itself.

3. Notice was given to the learned Public Prosecutor. The

learned Public Prosecutor submits that the investigation reveals the

complicity of the petitioner. The contention of the petitioner that

Crl.M.C.No.3326 of 2007 2

accused No.1 has some animosity against him and therefore he has

given the name of the petitioner to implicate him falsely is not correct

at all. Investigation reveals that the petitioner has been in touch with

the 1st accused from time to time. On days immediately preceding his

arrest, the petitioner had repeatedly contacted the 1st accused. It is

not as though the investigator has only the confession statement of

the 1st accused to suspect the nexus between the 1st and 2nd accused,

but the independent investigation has also revealed that there is some

nexus between the petitioner and the 1st accused. In these

circumstances, there is absolutely no justification in the prayer for

grant of anticipatory bail. No directions need be issued to the learned

Magistrate also. The petitioner may be directed to appear before the

Investigating Officer or the learned Magistrate and then seek regular

bail in the normal and ordinary course, submits the learned Public

Prosecutor .

4. Having considered all the relevant inputs, I find merit in

the opposition by the learned Public Prosecutor. I agree with the

learned Public Prosecutor that there are no circumstances in this

case, which would justify or warrant the invocation of the

extraordinary inherent/equitable jurisdiction under Section 482/438

Cr.P.C. I find no features in this case which would justify such

Crl.M.C.No.3326 of 2007 3

invocation. This, I agree with the learned Public Prosecutor, is a fit

case where the petitioner must appear before the Investigating

Officer or the learned Magistrate having jurisdiction and then seek

regular bail in the ordinary course.

5. This Crl.M.C is, in these circumstances, dismissed, but I

may hasten to observe that if the petitioner surrenders 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 appropriate orders on

merits and expeditiously.

(R.BASANT, JUDGE)
rtr/-

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