IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1241 of 2008() ----------------------------- CRLMC.2582/2007 of D.C & SESSIONS COURT,TRIVANDRUM CP.145/2004 of J.M.F.C.-II,TRIVANDRUM CRIME NO.302/92 OF FORT POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- NEELAKANTAN R., S/O. RAJAPPAN CHETTIAR, AGED 34 YEARS, RESIDING AT TC 20/2223, TELUGU CHETTY STREET, KARAMANA, THIRUVANANTHAPURAM, NOW RESIDING AT SIVAPRIYA, MANAGADU LANE, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.M.MUHAMMED MUHAZIN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. BY P.P. SRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1241 of 2008 ------------------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for anticipatory bail. The petitioner, along with the co-accused, faces indictment in a prosecution under Sec.436 read with Sec.34 of the IPC. The petitioner was not arrested at the crime stage. Investigation is now complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The case against the petitioner is pending as C.P.No.145/04. As against the co- accused, orders of committal have already been passed and the proceedings against them are pending before the II Additional Assistant Sessions Court, Trivandrum as S.C.No.2358/06. 2. According to the petitioner, he is absolutely innocent. His failure/omission to appear earlier before the learned B.A. No. 1241 of 2008 -: 2 :- Magistrate was not wilful or deliberate. He was not aware of such proceedings. The petitioner, in these circumstances, wants to surrender before the learned Magistrate and seek regular bail. The petitioner apprehends that his application for regular bail may not be considered by the learned Magistrate on merits, in accordance with law and expeditiously. It is, in these circumstances, that the petitioner has come to this Court for a direction to the learned Magistrate to release him on bail when he appears before the learned Magistrate. 3. After the decision in Bharat Chaudhary and another v. State of Bihar (AIR 2003 SC 4662), it is by now trite that powers under Sec.438 of the Cr.P.C. can be invoked in favour of a person who apprehends arrest in execution of a non-bailable warrant issued by a court in a pending proceedings. But even for that, sufficient and satisfactory reasons must be shown to exist. I am not persuaded, in the facts and circumstances of this case, that any such reasons exist. 4. It is for the petitioner to appear before the learned Magistrate and explain to the learned Magistrate the circumstances under which he could not earlier appear before the learned Magistrate. I have no reason to assume that the learned Magistrate would not consider the petitioner's B.A. No. 1241 of 2008 -: 3 :- application for regular bail on merits in accordance with law and expeditiously. No special or specific directions appear to be necessary. Every court must do the same. Sufficient general directions on this aspect have already been issued in the decision reported in Alice George v. Deputy Superintendent of Police (2003 (1) KLT 339). 5. In the result, this application is dismissed; but with the observation that if the petitioner surrenders before 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 – on the date of surrender itself. Needless to say, the application for bail will have to be considered in the light of the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1241 of 2008 -: 4 :-