IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1351 of 2008() ----------------------------- CRIME NO.90 OF 2008 OF PATHANAPURAM POLICE STATION : PETITIONER --------------------------- SAKEER HUSSAIN, AGED 31 YEARS, S/O. HABEEB, THOTTATHIL HOUSE, PERUMTHOTTAM, PPM ROAD, PUNALUR. BY ADV. SRI.M.L.SAJEEVAN SRI.JAISON JOSEPH SRI.M.N.SANJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, PATHANAPURAM. BY PUBLIC PROSECUTORSRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1351 of 2008 ------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. Petitioner is the 3rd accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Section 379 I.P.C. Altogether there are 4 accused persons. Accused 1 to 3 are alleged to have stolen a motor cycle and pledged the same before the 4th accused who advanced money on the strength of that stolen motor cycle. Investigation is in progress. The petitioner has not been arrested so far. The 4th accused has already been arrested and he was enlarged on bail as per order dated 21.02.08 in B.A.No.1013 of 2008. It is prayed that anticipatory bail may, in these circumstances, be granted to the petitioner. 2. The application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the available indications show that the motor cycle was stolen by accused 1 to 3 together and that they had brought it to the house of the 4th accused for pledging to raise an amount. In any view of the matter, there is absolutely no justification in the prayer for anticipatory bail. The fact that the petitioner has no criminal precedents is not sufficient in the circumstances of this case to B.A.No.1351 of 2008 2 invoke the extraordinary equitable discretion under Section 438 Cr.P.C. In these circumstances the petitioner may be directed to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail. The crime is registered as Crime 90 of 2008 of Pathanapuram Police Station, submits the learned Public Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 4. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or 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. (R.BASANT, JUDGE) rtr/- B.A.No.1351 of 2008 3