K.C.ASMABI, D/O.K.L.MOHAMMED KUNHI versus STATE OF KERALA REPRESENTED BY STATION

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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K.C.ASMABI, D/O.K.L.MOHAMMED KUNHI v. STATE OF KERALA REPRESENTED BY STATION - Bail Appl No. 3827 of 2007 [2007] RD-KL 11251 (26 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3827 of 2007()

1. K.C.ASMABI, D/O.K.L.MOHAMMED KUNHI,
... Petitioner

Vs

1. STATE OF KERALA REPRESENTED BY STATION
... Respondent

For Petitioner :SRI.P.M.PAREETH

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :26/06/2007

O R D E R

R. BASANT, J.

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B.A.No. 3827 of 2007
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Dated this the 26th day of June, 2007

O R D E R

Application for anticipatory bail. The petitioner faces allegations under Section 420 r/w. 120B I.P.C. The learned Prosecutor, on instructions, submits that the investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate and a case has been registered as C.C.No. 198 of 2006 before the J.F.C.M.-I, Kannur. A warrant of arrest has been issued against the petitioner, it is submitted.

2. I am satisfied that this is a fit case where the petitioner must resort to the ordinary and regular procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek bail in the ordinary course. The final report having already filed and cognizance having already taken, though there is no want of jurisdiction or competence to issue direction under Section 438 Cr.P.C. Appropriate directions to ensure interests of the petitioner can be issued.  B.A.No. 3827 of 2007 2

3. This application is accordingly dismissed with the following directions/observations. The non-bailable warrant issued against the petitioner shall not be executed till 4.7.2007. The petitioner shall in the meantime appear before the learned Magistrate and apply for bail. Needless to say, if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously, on the date of surrender itself. (R. BASANT) Judge tm 

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