IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2728 of 2008 ------------------------------------- (IN CC NO. 158/1/2007 OF METROPOLITAN MAGISTRATE, DELHI) PETITIONER/ACCUSED --------------------------------- LEELAKRISHNA PILLAI. R., S/O.KESAVA PILLAI,AGED 45 YEARS, ARAPPURA VEEDU,ULIYANADU, KARAMKODE P.O.,KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENTS: RESPONDENTS ----------------------------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, HOME DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, CHATHANNOOR,KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 3. SHABU SREEDHARAN, SREE SHAILAM, THEKKEVILA P.O., KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2728 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for anticipatory bail. The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. The petitioner has not appeared before the learned Magistrate. Warrant is issued by the Metropolitan Magistrate (G.N.Pandey, Metropolitan Magistrate, Room No.30, Karkardooma, District Court Complex, Delhi). The petitioner has placed before this court a photostat copy of the summons issued to him. The petitioner has not entered appearance so far. He apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He is willing to appear before the learned Magistrate. But he apprehends that he may be arrested and dragged to Delhi in execution of the warrant. He prays that he may be granted time to appear before the learned Magistrate in peace without the risk and threat of arrest and incarceration. 3. The learned Public Prosecutor does not oppose the application. He only submits that it may be ensured that the petitioner does appear before the Metropolitan Magistrate, Delhi in C.C.No.158/1/07 immediately. 4. I am satisfied in the facts and circumstances of this case that appropriate directions can be issued under Section 438 Cr.P.C to enable the petitioner to surrender before the learned Magistrate and seek regular bail concerned without the threat and risk of B.A.No.2728/08 2 being arrested and dragged into custody. Appropriate conditions can of course be imposed. The decision in Bharat Chaudhary v. State of Bihar [AIR 2003 SC 4662] clothes this court with authority under Section 438 Cr.P.C to issue directions even when the apprehended arrest is in execution of coercive processes issued by a court after taking cognizance. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall appear before the learned Chief Judicial Magistrate, Kollam on or before 12/5/2008 and shall execute a bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties each for the like sum undertaking to appear before the learned Metropolitan Magistrate, Delhi before whom the case is pending on or before 16/6/2008. ii) The petitioner shall on or before 26/6/2008 satisfy the learned Chief Judicial Magistrate, Kollam that he has appeared before the learned Metropolitan Magistrate, Delhi on or before 16/6/2008. If the petitioner does not so satisfy the learned Chief Judicial Magistrate, Kollam, he shall take appropriate action under Section 446 Cr.P.C. (iii) If the petitioner were arrested prior to 12/05/2008 or 26/6/2008, he shall be released from custody on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) undertaking to appear before such courts on 12/5/2008 and 16/6/2008 as the case may be. (R.BASANT, JUDGE) jsr B.A.No.2728/08 3 B.A.No.2728/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007