High Court Kerala High Court

Rafeeque Vadakumkara vs State Of Kerala on 26 March, 2008

Kerala High Court
Rafeeque Vadakumkara vs State Of Kerala on 26 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1855 of 2008()


1. RAFEEQUE VADAKUMKARA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.SANJAY

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/03/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                   B.A. Nos.1855, 1867, 1871,
                    1876 & 1880 of 2008
            -------------------------------------------------
          Dated this the 26th day of March, 2008

                               ORDER

The common petitioner in these five applications prays

for grant of anticipatory bail. The petitioner faces indictment

for offences punishable under Secs.435 of the IPC

(B.A.No.1876/08), 324 (B.A.Nos.1871 & 1867/08), 326

(B.A.No.1855/08) and 323 of the IPC (B.A.No.1880/08). In all

these cases the petitioner was on bail at the crime stage. But

after cognizance was taken, the petitioner could not appear

before the learned Magistrate. Reckoning him as an

absconding accused, the learned Magistrate has transferred

the cases to the list of Long Pending Cases. Coercive

processes have been issued against the petitioner. The

petitioner finds such processes chasing him now.

2. According to the petitioner, he is absolutely innocent.

B.A. Nos.1855, 1867, 1871,
1876 & 1880 of 2008 -: 2 :-

His absence earlier was not wilful or deliberate. He had

secured employment aboard and was hence not able to appear

before the learned Magistrate. He is now willing to appear

before the learned Magistrate and seek regular bail. But he

apprehends that his application for bail may not be considered

by the learned Magistrate on merits, in accordance with law and

expeditiously. He therefore prays that directions under Sec.438

of the Cr.P.C. may be issued in his favour.

3. The learned Public Prosecutor opposes the applications.

It is for the petitioner to surrender before the learned Magistrate

and seek regular bail in the normal course, submits the learned

Public Prosecutor.

4. 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.

5. It is for the petitioner to appear before the learned

B.A. Nos.1855, 1867, 1871,
1876 & 1880 of 2008 -: 3 :-

Magistrate and explain to the learned Magistrate the

circumstances under which he could not earlier appear before

the learned Magistrate. I have no reason to assume that the

learned Magistrate would not consider the petitioner’s

application for regular bail on merits, in accordance with law

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).

6. In the result, these applications are dismissed; but with

the observation that if the petitioner surrenders before the

learned Magistrate and seeks 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.

Sd/-


                                          (R. BASANT, JUDGE)

Nan/


           //true copy//         P.S. to Judge