Kerala High CourtS. Pradeep vs State Of Kerala on 2 August, 2007Author:R.BasantBench:R.BasantIN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4683 of 2007(S)


1. S. PRADEEP, S/O. SASI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.P.M.PAREETH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/08/2007

 O R D E R
                               R.BASANT, J.

                            ----------------------

                            B.A.No. 4683 of 2007

                        ----------------------------------------

                 Dated this the 2nd day of August 2007


                                   O R D E RApplication   for   anticipatory   bail.     The   petitioner   faces


allegations inter alia underSection 435I.P.C andSection 3and5of   the   Explosive   Substances   Act.       Investigation   is   complete.


Final   report   has   already   been   filed.     The   petitioner   was   not


available   for   arrest.       Non-bailable   warrant  is   being   issued


against   the   petitioner.     The   petitioner   apprehends   imminent


arrest.   The learned  counsel for  the  petitioner  submits that the


petitioner is absolutely innocent.   His failure/omission to appear


before   the   learned   Magistrate   was   not   wilful;     but     was     on


account     of     reasons     beyond     his     control.   The   petitioner   is


willing to surrender before the learned Magistrate and apply for


bail.     He   shall   co-operate   with   the   court   for   the   expeditious


disposal of the case.   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  underSection   482Cr.P.C.  may  be  issued   to  the


learned   Magistrate   to   release   the   petitioner   on   bail   when   he


appears and applies for bail.B.A.No.4683/07                          22.    After   the   decision   inBharat   Chaudhary   v.   State   of


Bihar[AIR  2003   SC  4662],  it   is   well   settled  that   powers   underSection 438Cr.P.C can be invoked even in favour of the 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   underSection   438Cr.P.C.     I   find   absolutely   no   reason   to   invoke   the


powers underSection 438/482Cr.P.C.    This, I am satisfied, is a


fit   case   where   the   petitioners   must   appear   before   the   learned


Magistrate   or   the   investigating   officer   having   jurisdiction   and


seek regular bail in the normal and ordinary course.3.     In the result, this petition is dismissed.   Needless to say, if


the petitioner surrenders before the investigating  officer  or  the


learned Magistrate having jurisdiction 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, in accordance with law and expeditiously - on


the date of surrender itself.(R.BASANT, JUDGE)


jsr          // True Copy//          PA to JudgeB.A.No.4683/07    3B.A.No.4683/07    4R.BASANT, J.





                        CRL.M.CNo.





                            ORDERB.A.No.4683/07    521ST DAY OF MAY2007





                        (R.BASANT, JUDGE)

jsrB.A.No.4683/07    6R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007