IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1845 of 2008() ----------------------------- CRIME NO. 32/08 OF VANCHIYOOR POLICE STATION,TRIVANDRUM .................... PETITIONER ----------------- G. JAYAKUMAR, "DWARAKA", MARIYAKKADU, VELLANADU, THIRUVANANTHAPURAM. BY ADV. SRI.N.J.MATHEWS SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VANCHIYOOR POLIC STATION, THIRUVANANTHAPURAM. 3. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF LAW AND JUSTICE, CENTRAL SECRETARIATE, NEW DELHI. 4. K.J.THRESSIA, ADDL. CENTRAL GOVERNMENT STANDING COUNSEL, P.S.N.KUKKULIA CHAMBERS, MAHARANI BUILDING, VANCHIYOOR, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1845 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered, inter alia, under Sections 406 and 420 I.P.C. The crux of the allegations against the petitioner, an advocate clerk, is that he had fraudulently deceived his Advocate, who was the Central Government counsel practising at Trivandrum. The alleged modus resorted to by the petitioner is not to pay the entire court fees and pay only 1/10 of the court fee appropriating to himself the difference in the amount between the court fee paid and the amount handed over by the counsel for payment of court fee. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. It is idle to assume that the counsel, a knowledgeable person, did not know that only minimum court fee which was bound to be paid was being paid in the suits B.A.No. 1845 of 2008 2 concerned. The learned counsel relies on the signatures/initials of the counsel concerned in the court fee memos which suggest that the counsel must, if she were alert, have known that only portion of the court fee which should essentially have been paid alone was being paid. The counsel contends that the defacto complainant is making incorrect allegations against her clerk, the petitioner herein, exposing the petitioner to the trauma of such a prosecution. 3. The learned Prosecutor opposes the application. He submits that considering the nature of the relationship between a lawyer and his clerk, the fact that the lawyer if alert could have detected the mischief earlier may not be reckoned as a sufficient circumstance to exculpate the petitioner from the liability. At any rate, at this early stage of investigation it may not be held that the allegations against the petitioner are not true or genuine or are made with any oblique motive. It is in these circumstances prayed that the petitioner may not be granted anticipatory bail. He may be directed to surrender and seek regular bail, submits the Prosecutor. B.A.No. 1845 of 2008 3 4. I have considered the detailed submissions made by the counsel for the petitioner. I have been taken through the documents produced along with the bail application. But having considered all the relevant inputs I am not persuaded to agree that there are any features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) tm Judge