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K.B.RAMESH,S/O. BALAN,THAZHETHEPURACKEL versus STATE OF KERALA, REP.BY

High Court of Kerala

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K.B.RAMESH,S/O. BALAN,THAZHETHEPURACKEL v. STATE OF KERALA, REP.BY - Bail Appl No. 4647 of 2007 [2007] RD-KL 14664 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4647 of 2007()

1. K.B.RAMESH,S/O. BALAN,THAZHETHEPURACKEL
... Petitioner

Vs

1. STATE OF KERALA, REP.BY
... Respondent

For Petitioner :SRI.SAJAN VARGHEESE K.

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :01/08/2007

O R D E R

R.BASANT, J

= = = = = = = = = = = = = B.A.No.4647 of 2007 = = = = = = = = = = = = = =

Dated this the 1st day of August, 2007

ORDER

Application for anticipatory bail. The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Section 452 I.P.C. Investigation is complete. Final report has already been filed. The petitioner could not appear before the learned Magistrate . The learned Magistrate has issued coercive processes against the petitioner. The petitioner apprehends imminent arrest. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In these circumstances, appropriate directions may be issued under section 438 Cr.P.C and/or 482 Cr.P.C, prays the learned counsel for the petitioner. There is a further statement that the parties have settled their disputes.

2. After the decision in Bharat Chaudhary v. State of Bihar [A.I.R 2003 S.C 4662], it is trite that powers under Section 438 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 to conclude that any such reasons exist. B.A.No.4647 of 2007 2

3. 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 such application on merits, in accordance with law and expeditiously. Every court must do the same. No special or specific direction appears to be necessary. Sufficient general directions have already been issued in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339].

4. This application is, in these circumstances, dismissed, but with the specific observation that 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 appropriate orders on merits and expeditiously - on the date of surrender itself, unless there are compelling reasons.

(R.BASANT, JUDGE)

sj /True copy/ P.A.to Judge


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

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