IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8027 of 2007() ----------------------------- CRIME NO.347/05 OF KOLLAM WEST POLICE STATION PETITIONER : 1ST ACCUSED ----------------- GOPALAKRISHNA PILLAI R,AGED 60, S/O.RAGHAVAN PILLAI,PRIYA MANDIRAM, CHEMMAKKADU,PERINAD P.O,KOLLAM. BY ADV. SRI.S.SUNIL NARAYANAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,KOLLAM WEST POLICE STATION,KOLLAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8027 of 2007 ------------------------------------- Dated this the 8th day of January, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused. He along with co-accused (13 in all) faces allegations for offences punishable, inter alia, under Sections 406 and 468 I.P.C. Earlier, accused 2 to 7 and 9 to 12 had come before this Court with applications for anticipatory bail and this Court by two separate orders - dated 03.04.07 in B.A.No.2012 of 2007 and 04.12.07 in B.A.No.7411 of 2007, had dismissed such applications with directions to the petitioners to surrender before the learned Magistrate and seek regular bail. It is prayed that identical directions may be issued in favour of the petitioner herein also. 2. I am satisfied that the petitioner herein does not also deserve invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No.8027 of 2007 2 3. 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) rtr/-