IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1264 of 2008() ----------------------------- CRIME NO.7/08 OF THANNITHODU POLICE STATION PETITIONER/ACCUSED ----------------------------------- A.MANY, S/O.ADITHYAN, VARUVIL VEEDU, ENATHU (PO), ENATHU VILLAGE, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1264 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. The petitioner – a Police Constable, seeks directions under Sec.438 of the Cr.P.C. in his favour. In the Police Station where he works, a register was found missing. Some one had stealthily taken it away on the night of 25/7/07. The needle of suspicion was directed at the petitioner as he was found searching the drawers of the tables in the Police Station on that night without any satisfactory explanation. As the book was found missing and the same could not be traced, the Sub Inspector of Police submitted a report to the Superintendent of Police. The Superintendent of Police directed that a crime be registered and investigation be conducted. Accordingly, the crime has been registered. Investigation is in progress. The petitioner B.A. No. 1264 of 2008 -: 2 :- apprehends imminent arrest. The book was found missing on the night of 25/7/07; but the crime was registered only on 20/2/08 after getting the directions of the Superintendent of Police. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has absolutely no responsibility for the alleged missing of the document. False and vexatious allegations are being raised against the petitioner by the Sub Inspector of Police. The petitioner does not deserve to endure the trauma of arrest and detention. He may be granted anticipatory bail subject to any appropriate terms and conditions. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all the available inputs point to the complicity of the petitioner. The petitioner has to be arrested and interrogated. The book in question has got to be traced. The petitioner has been absconding ever since the crime was registered. In these circumstances, the petitioner may not be permitted to arm himself with an order of anticipatory bail at this early stage. The police may not be denied the opportunity to trace the document in question. The learned Public Prosecutor submits that it is not any person in the B.A. No. 1264 of 2008 -: 3 :- Police Station who is now conducting the investigation. A superior police official is conducting the investigation. The petitioner need not apprehend any prejudice, hardship or difficultly, He may be directed to co-operate with the Investigator and to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course. 4. In the peculiar facts and circumstances of this case, the learned Public Prosecutor was requested to place the Case Diary after flagging the relevant pages. The Case Diary has been placed before me for my perusal. I have perused the same. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I am satisfied, is a fit case where the petitioner must resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the usual and ordinary course. 6. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 1264 of 2008 -: 4 :- Investigating Officer or the learned Magistrate and seeks 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge