IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 737 of 2008() ---------------------------- [CRIME NO.NOT KNOWN OF KILIMANNOOR POLICE STATION] : PETITIONER/ACCUSED ----------------------------------- HARISANKAR, SREENIKETHAN, THATTATHUMOOLA P.O., KILIMANNOOR, TRIVANDRUM DISTRICT. BY ADV. SRI.R.SATISH KUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KILIMANOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.737 of 2008 ---------------------------------------- Dated this the 8th day of February 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 before the learned Chief Judicial Magistrate, Daman. The cognizance has been taken against the petitioner and a case has been registered as C.C.No.109/05. The petitioner apprehends imminent arrest in execution of a warrant of arrest issued by the learned Chief Judicial Magistrate, Daman. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He is willing to surrender before the learned Magistrate and seek regular bail. But he apprehends that he may be arrested and dragged to the court at Daman. The petitioner undertakes to appear before the court concerned, if some time were granted to him. In these circumstances, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor only submits that appropriate orders may be passed. I have considered all the relevant inputs. In Bharat Chaudhary v. State of Bihar [AIR 2003 SC 4662] it is well settled that powers under Section 438 Cr.P.C B.A.No.737/08 2 can be invoked even in favour of the accused who apprehends arrest in execution of a non bailable warrant issued in a pending proceedings. But even for that, sufficient and satisfactory reasons must be shown to exist to justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. I am satisfied, in the facts and circumstances of this case that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions. 4. 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 surrender before the learned Chief Judicial Magistrate, Thiruvananthapuram on or before 18/02/2008. He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Chief Judicial Magistrate, Thiruvananthapuram. In such bond, he shall undertake that he shall appear before the learned Chief Judicial Magistrate at Daman on or before 18/3/2008 and seek regular bail from that court. The petitioner shall thereafter abide by the directions of that court. Compliance shall be reported to the B.A.No.737/08 3 learned Chief Judicial Magistrate, Thiruvananthapuram on or before 25/3/2008. If compliance is not reported to the satisfaction of the learned Chief Judicial Magistrate, Thiruvananthapuram by that date, the learned Chief Judicial Magistrate shall take action against the petitioner and sureties under Section 446 Cr.P.C. (ii) If the petitioner does not appear before the learned Chief Judicial Magistrate, Thiruvananthapuram or the learned Chief Judicial Magistrate, Daman as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 18/02/2008, he shall be released from custody on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) without any sureties, undertaking to appear before the learned Chief Judicial Magistrate, Thiruvananthapuram on 18/02/2008. (R.BASANT, JUDGE) jsr B.A.No.737/08 4 B.A.No.737/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007