Over 2 lakh Indian cases. Search powered by Google!

Case Details

P.P.JAYARAJAN(SHOWN AS ANIYERI RAJAN versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


P.P.JAYARAJAN(SHOWN AS ANIYERI RAJAN v. STATE OF KERALA, REPRESENTED BY THE - Bail Appl No. 4585 of 2007 [2007] RD-KL 14475 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4585 of 2007()

1. P.P.JAYARAJAN(SHOWN AS ANIYERI RAJAN
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.E.C.BINEESH

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :30/07/2007

O R D E R

R.BASANT, J

B.A.No.4585 of 2007

Dated this the 30th day of July, 2007

ORDER

Application for anticipatory bail. The petitioner faces allegations, inter alia, under Section 308 and 332 I.P.C. He is the 1st accused in the case. Investigation is now complete. Final report has already been filed. The petitioner has come to the Court at this juncture with this application under Section 438 Cr.P.C.

2. The learned Public Prosecutor submits that the Investigating Officer does not now want to arrest the petitioner, the final report having already been filed. It is for the petitioner to appear before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor.

3. I find merit in the stand taken by the learned Public Prosecutor. I find no reason to invoke the powers under Section 438 Cr.P.C though this Court in the light of Bharat Chaudhary v. State of Bihar [A.I.R 2003 S.C 4662] does have jurisdictional competence to invoke the jurisdiction under Section 438 Cr.P.C. This I am satisfied is an eminently fit case where the petitioner must appear before the learned Magistrate and seek regular bail in the ordinary course. B.A.No.4585 of 2007 2

4. In the result, this application for anticipatory bail is, dismissed, but with the specific observation that if the petitioner surrenders 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 appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. Hand over a copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

rtr/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.