IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 8091 of 2007() ----------------------------- [CRIME NO.103/07 OF KOTHAMANGALAM POLICE STATION .................... : PETITIONER/8TH ACCUSED --------------------------------------- KULDEEP JAIN, S/O.P.C.JAIN, AGED 29 YEARS, PROPRIETOR, M/S PRAKASH FINANCE, NO.9, CHANDRAPPA MUDALI STREET, SOWCARPET, CHENNAI-79. BY ADV. SRI.K.V.SABU RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, KOTHAMANGALAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8091 of 2007 ------------------------------------- Dated this the 1st day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered for offences punishable, inter alia, under Section 379 I.P.C. The allegations relate to the alleged repossession of a vehicle in respect of which a hire purchase agreement was allegedly there, submits the learned counsel for the petitioner. Some of the co-accused were granted anticipatory bail as early as on 9.4.03. 2. Investigation is already complete. Final report has already been filed. The petitioner, the 8th accused, apprehends imminent arrest. 3. The learned Public Prosecutor submits that the petitioner may be directed to surrender before the learned Magistrate and seek regular bail. There are absolutely no circumstances warranting or justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C in favour of the petitioner at this belated hour, submits the learned B.A.No.8091 of 2007 2 Public Prosecutor. The petitioner has been arrayed as the 8th accused in Crime 103 of 2003 (not 2007 as shown in the petition) of Kothamangalam Police Station. 4. I find merit in the opposition by the learned Public Prosecutor. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the learned Magistrate having jurisdiction and then seek regular bail. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders 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 appropriate orders on merits and expeditiously - on the date of surrender itself. (R.BASANT, JUDGE) rtr/-