IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1167 of 2008() ----------------------------- CRIME 189/07 OF ARANMULA POLICE STATION PETITIONER --------------------------- V.K.SURENDRA PRASAD, AGED 55 YEARS S/O.KARUNAKARAN, VALIYAKALAYIL HOUSE PARIYARAM MURI, ELANTHOOR VILLAGE. PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1167 OF 2008 C ```````````````````````````````````````````````````` Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner apprehends arrest in a crime registered under section 8 of the Kerala Abkari Act. Investigation is complete. Final report has already been filed. The petitioner raised a contention that he is not the person against whom the final report is filed. In these circumstances, the petitioner was given opportunity to surrender before the investigating officer on 6.3.08. The investigating officer was directed to make further submissions on this day. 2. The learned Public Prosecutor, on behalf of the investigator, submits that the petitioner did not appear before the investigating officer as directed by this Court. The investigating officer, in view of the directions of this Court, went to the house of the petitioner to carry out the directions of this Court. The petitioner was not available in the house BA.1167/08 : 2 : also. The learned counsel for the petitioner submits that the petitioner was ill and, therefore, he was not able to appear. The learned Public Prosecutor refutes this contention. 3. I am satisfied, in the facts and circumstances of the case, that the petitioner is not entitled to invocation of the extraordinary equitable discretion under section 438 Cr.P.C. The petitioner must appear before the investigating officer or the learned Magistrate and then seek regular bail in the normal and usual course. 4. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before the learned Magistrate and seek regular bail, the learned Magistrate must consider such application on merits on the date of surrender itself. The petitioner shall be entitled to advance his contention before the learned Magistrate including the contention that he is not the accused in the case. (R.BASANT, JUDGE) aks