IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 883 of 2008() ---------------------------- Cr.No.398/07 OF KODAKARA POLICE STATION .................... PETITIONER : 3RD ACCUSED ----------------------------- SUDHEESH, S/O.SUDHAN, AGED 23 YEARS, KOOTUNGAL HOUSE, CHETTIKKAD KARA, MOOTHAKUNNAM VILLAGE, PARAVOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS: STATE: ------------------- 1. S.I.OF POLICE, KODAKARA POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.883 of 2008 ------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered for offences punishable under Section 399 I.P.C. The alleged incident took place on 09.10.07. A group of miscreants were allegedly preparing to commit the offences. They were travelling in a scorpio vehicle. There was a fake board available inside the car which was allegedly meant to be used to cover up the real number of the vehicle. When the police intercepted, except the 1st accused, all the others took to their heels and could not be apprehended. Altogether there are 5 accused persons. Except the petitioner all the others have by now been arrested. The petitioner is evading arrest. He apprehends imminent arrest now. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even after detailed investigation from 09.10.07, the police have not been able to come out with any specific allegation against the accused persons. In these circumstances, the petitioner may be saved of the trauma of arrest and incarceration. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner has to B.A.No.883 of 2008 2 be arrested and interrogated for a proper, complete and effective investigation. The conduct of the accused persons keeping fake board and running away when they were about to be apprehended by the police etc. do raise serious doubts about the complicity of the petitioner under Section 399 I.P.C. At any rate, the petitioner may not be permitted to arm himself with an order of anticipatory bail before he faces interrogation of the police. The petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 4. I find merit in the opposition by the learned Public Prosecutor. This, I am satisfied, is a fit case where the petitioner must appear before the learned Magistrate having jurisdiction or the Investigating Officer and then seek bail in the regular and ordinary course. 5. 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) B.A.No.883 of 2008 3 rtr/-