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. 1685 of 2008() ----------------------------- CRIME NO. 572/07 OF HARBOUR POLICE STATION PETITIONER/ACCUSED 11: --------------------------------------- SHIRAS @ SHIRAJ, AGED 26 YEARS, S/O. SUBAIR, PUTHIYAVEETTIL, PALLURUTHY, KOLLASSERY ROAD, ERNAKULAM DISTRICT. BY ADV. SRI.M.J.SANTHOSH RESPONDENTS: COMPLAINANT: ------------------------- S.I. OF POLICE, HABOUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. 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. 1685 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner is the 11th accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Sections 457 and 380 I.P.C. The crux of the allegations against the petitioner is that he was also involved in removing a container lorry parked in the Cochin Port to some other place clandestinely. The miscreants allegedly broken open the seal and they allegedly indulged in the acts of removing the articles in the container lorry. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been unnecessarily dragged into this controversy. Subject to any appropriate conditions, the petitioner may be granted anticipatory bail, prays the learned counsel. B.A.No. 1685 of 2008 2 3. The learned Prosecutor opposes the application. He submits that altogether there are 13 accused persons, of which only accused Nos. 7, 11 (the petitioner) and 13 remain to be apprehended. These accused are not co-operating with the investigators. The petitioner may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the usual course, submits the learned Prosecutor. The learned Prosecutor further submits that the specific allegation against the petitioner is that he was also a party to the clandestine act of removal of the lorry and taking away of the contents of the container lorry. 4. Having considered all the relevant inputs, I find no features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. B.A.No. 1685 of 2008 3 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm