IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Crl.MC.No. 4266 of 2008() -------------------------------------- (CRIME NO.108/1997 OF KADUTHURUTHY POLICE STATION) PETITIONER(S):COMPLAINANT: ----------------------------------------------- K.M.MATHEW, AGED 45 YEARS, S/O.MATHEW, KANDARAPALLIL HOUSE, MANJOOR VILLAGE, KURUPANTHARA, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.P.SANJAY SMT.PARVATHY MENON.A. RESPONDENT(S): ACCUSED: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH C.I. OF POLICE, KADUTHURUTHY. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No.4266 of 2008 ------------------------------------------------- Dated this the 12th day of November, 2008 ORDER The petitioner faces indictment in a prosecution under the Essential Commodities Act. That crime was registered in 1997. Investigation is complete. Cognizance has already been taken. According to the petitioner, he had no knowledge of the pendency of the crime. He came to know long later that proceedings have been initiated against him in C.C.No.192/07 on the basis of Crime No.108/07 of the Kaduthuruthy Police Station. He came to this Court and this Court directed that his application for bail must be considered in the light of the decision in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 2. The petitioner has not appeared before the learned Magistrate in pursuance of Annexure-A2 order so far. He has Crl.M.C. No.4266 of 2008 -: 2 :- a reason for not so appearing before the learned Magistrate. According to him, he now realises that some one had filed an anticipatory bail as Crl.M.P.No.40/97 and had executed the requisite bond. The petitioner had not applied and had not executed any bond. There was a direction for compliance with certain conditions in the said order in Crl.M.P.No.40/97. Those directions have not been complied with. The petitioner apprehends that when he surrenders before the learned Magistrate the non-compliance with the conditions in Crl.M.P.No.40/97 may be held as reason against him for not granting him bail. 3. According to the petitioner, he had not made application – Crl.M.P.No.40/97, for anticipatory bail. According to him, he had not executed any bond. He suspects that some hostile near relatives of his have fraudulently got the application filed in his name and executed the bond. The learned Magistrate may be directed to consider the matter in detail and find out the truth. The petitioner's application for regular bail may not be rejected on the ground that the conditions in Crl.M.P.No.40/97 have not been complied with. This, in short, is the prayer. Appropriate directions under Sec.482 Cr.P.C. may be issued to ensure that failure of justice does not occur, prays the learned counsel for Crl.M.C. No.4266 of 2008 -: 3 :- the petitioner. 4. I am of opinion that it is not necessary for me to hazard any opinion on the acceptability of the contentions raised by the petitioner. I need only mention that the petitioner can raise all such contentions before the learned Magistrate when he surrenders before the learned Magistrate and seeks regular bail. The learned Magistrate, needless to say, must consider such contentions and take appropriate decision in the matter. The petitioner can raise all his contentions before the learned Magistrate. 5. With the above observations, this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.4266 of 2008 -: 4 :-