High Court Kerala High Court

Renjith @ Venkiteswaran vs State Of Kerala on 14 January, 2008

Kerala High Court
Renjith @ Venkiteswaran vs State Of Kerala on 14 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 157 of 2008()


1. RENJITH @ VENKITESWARAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.LIJU. M.P

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :14/01/2008

 O R D E R
                           R. BASANT, J.
            -------------------------------------------------
                      B.A.NO. 157 OF 2008
            -------------------------------------------------
        Dated this the 14th day of January, 2008

                               ORDER

Application for anticipatory bail. The petitioner is the 3rd

accused. Altogether, there are 4 accused persons. The

accused persons face allegations for offences punishable, inter

alia, under Sec.326 read with Sec.34 of the IPC. In the F.I.R.

no person is named. In the course of investigation, the identity

of the miscreants has been ascertained. Accused 1 and 2 have

already been arrested. The petitioner has not been arrested

so far. Investigation is now complete. Final report has

already been filed.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. It is prayed that directions

under Sec.438 and/or Sec.482 of the Cr.P.C. may be issued in

favour of the petitioner.

B.A.NO. 157 OF 2008 -: 2 :-

3. The learned Public Prosecutor opposes the application.

The learned Public Prosecutor only submits that the petitioner

may be directed to surrender before the learned Magistrate and

seek regular bail in the ordinary course.

4. 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

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

B.A.NO. 157 OF 2008 -: 3 :-

(2003 (1) KLT 339).

6. In the result, this application is 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