IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1447 of 2008() ----------------------------- CRIME NO.69/06 OF MEDICAL COLLEGE POLICE STATION PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. BOBY ABRAHAM MATHEW, S/O.P.M.ABRAHAM, PLAMOOTTIL, BOBBY DALE, GRACE LANE, PARUTHIPPARA, THIRUVANANTHAPURAM NOW RESIDING AT FLAT NO.63, FLOOR NO.6, BUILDING NO.1018, BLOCK NO.10, JABER AL AHAMED STREET, BEHIND AL AWADI MOSQUE, AL ASMA SHARQ, KUWAIT. 2. SARAMMA ABRAHAM, W/O.ABRAHAM, PALMOOTTIL, BOBBY DALE, GRACE LANE, PARUTHIPPARA, THIRUVANANTHAPURAM NOW RESIDING AT FLAT NO.63, FLOOR NO.6, BUILDING NO.1018, BLOCK NO.10, JABER AL AHAMED STREET, BEHIND AL AWADI MOSQUE, AL ASMA SHARQ, KUWAIT. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLGE P.O., THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1447 of 2008 ------------------------------------------------- Dated this the 7th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 and 2. They are the husband of the de facto complainant and her mother-in-law. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and forwarded by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is prayed that they may be granted anticipatory bail. 3. The learned Public Prosecutor reports that the investigation is already complete. Final report has already been filed. Cognizance has been taken and the matter is B.A. No. 1447 of 2008 -: 2 :- pending before the Additional Chief Judicial Magistrate's Court, Trivndrum, as C.C.No.44/08. The petitioners may be directed to surrender before the learned Magistrate and seek regular bail. There is no justification to the prayer for issue of directions under Sec.438 of the Cr.P.C. 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 petitioners to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which they could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioners' applications 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 B.A. No. 1447 of 2008 -: 3 :- reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 6. In the result, this application is dismissed; but with the observation that if the petitioners surrender before the learned Magistrate and seek 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