High Court Kerala High Court

Thelakkadan Sulaiman vs Station House Officer on 10 April, 2008

Kerala High Court
Thelakkadan Sulaiman vs Station House Officer on 10 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2226 of 2008()


1. THELAKKADAN SULAIMAN, S/O.ABDULLA,
                      ...  Petitioner

                        Vs



1. STATION HOUSE OFFICER, TALIPARAMBA
                       ...       Respondent

                For Petitioner  :SRI.V.A.SATHEESH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :10/04/2008

 O R D E R
                              R.BASANT, J
                       ------------------------------------
                        B.A.No.2226 of 2008
                      -------------------------------------
               Dated this the 10th day of April, 2008

                                   ORDER

Application for anticipatory bail. Petitioner faces indictment

as the 11th accused in a prosecution for offences punishable, inter

alia, under Sections 332 and 130 r/w 149 I.P.C. Co-accused who

faced trial were found not guilty and acquitted. But the petitioner

was not available to be proceeded with. The case against him has

hence been split up. The case has been transferred to the list of

Long Pending Cases. Coercive processes have been issued

against the petitioner. The petitioner finds such processes

chasing him. He apprehends imminent arrest.

2. The learned Public Prosecutor opposes the application

and submits that the petitioner may be directed to surrender

before the learned Magistrate and seek regular bail.

3. After the decision in Bharat Chaudhary v. State of

Bihar [A.I.R 2003 S.C 4662], it is well settled that powers under

Section 438 Cr.P.C can be invoked even in favour of an accused

who apprehends arrest in execution of a non bailable warrant

issued in a pending proceedings. But even for that, sufficient and

satisfactory reasons must be shown to exist to justify the

invocation of the extraordinary equitable discretion under Section

438 Cr.P.C. I do not find any such reasons in this case.

B.A.No.2226 of 2008 2

4. 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 such application on merits, in

accordance with law and expeditiously. Every court must do the

same. No special or specific direction appears to be necessary.

Sufficient general directions have already been issued in Alice

George v. The Deputy Superintendent of Police [2003(1)

KLT 339].

5. This application is, in these circumstances, dismissed,

but with the specific observation 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, in the

light of the decision in Sukumari v. State of Kerala [2001(1)

K.L.T 22].

(R.BASANT, JUDGE)
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