IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Crl.MC.No. 4949 of 2008 --------------------------------- ( CC. NO.1358/2008 OF JUDICIAL MAGISTRATE OF 1ST CLASS, GAYA) ........... PETITIONER: ------------------- ABDUL LATHEEF.V.M., ANASWARA METALS & GIFTS, GOOLIKADAVU, AGALY. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/ COMPLAINANT/ STATE: ----------------------------------------------------------- 1. DEEPAK KUMAR, S/O. PRABHAT KUMAR, PURANI GODOWN, GAYA, BIHAR. 2. SUB INSPECTOR OF POLICE, AGALI POLICE STATION. 3. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4949 of 2008 ------------------------------------------------- Dated this the 18th day of December, 2008 ORDER Against the petitioner, the learned Judicial Magistrate of the First Class, Gaya, Bihar State, has issued a non-bailable warrant of arrest alleging commission of non-compoundable offences punishable under Secs.420 and 404 IPC. The petitioner apprehends arrest in execution of such warrant. It is submitted that the arrest is apprehended. The apprehended arrest is not in a pending crime by the police; but is in execution of a non-bailable warrant of arrest issued by the learned Magistrate after taking cognizance. 2. I am afraid, the petitioner is not justified in seeking directions under Sec.482 Cr.P.C. The extraordinary inherent jurisdiction under Sec.482 Cr.P.C. is to be invoked sparingly in exceptional cases in aid of justice. Satisfactory, compelling Crl.M.C. No. 4949 of 2008 -: 2 :- and exceptional reasons must be shown to exist to justify the invocation of such jurisdiction. 3. In the instant case, according to me, the petitioner must seek anticipatory bail under Sec.438 Cr.P.C. as enabled by the dictum in Bharat Chaudhary and another v. State of Bihar – AIR 2003 SC 4662) which lays down that even a person apprehending arrest in execution of a non-bailable warrant issued by the court after taking cognizance can also seek anticipatory bail. 4. With the observation that the petitioner must seek normal remedy available under Sec.438 Cr.P.C. and there is no justification in the prayer for invocation of the powers under Sec.482 Cr.P.C., this Crl.M.C. is dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4949 of 2008 -: 3 :-