IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2385 of 2008() ----------------------------- CRIME NO.54/08 OF THRISSUR WEST POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- K.K.RAJAN, AGED 40 YEARS, S/O.KURUPPU, KUNNATH HOUSE, CHALISSERY, PROPRIETOR, B.S.SUPARI, KADAVALLUR, CHALISSERY. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE ------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2385 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 420,468 and 471 I.P.C. Forged and fake delivery notes with forged seals affixed thereon were allegedly used for clandestine transport of arecanuts to defeat and to cover up liability under the Kerala General Sales Tax Act. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Proceedings have already been initiated under law to recover the amount due and compensation and at any rate in these circumstances the petitioner does not deserve to be vexed by criminal proceedings initiated against him. At any rate, anticipatory bail may be granted to him, it is prayed. 3. The learned Public Prosecutor opposes the application and having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would B.A.No.2385/08 2 justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, 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 normal and ordinary course. 4. In the result, this petition is dismissed. Needless to say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr B.A.No.2385/08 3 B.A.No.2385/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007