Judgment · High Court · 2007

R.BASANT, J------------------------------------B.A.No.7584 of 2007-------------------------------------Dated this the 12th day of December, 2007ORDERApplication for anticipatory bail. Petitioner faces allegationsin a crime registered for offences punishable, inter alia, under Section 452 I.P.C. The crux of the allegation is that he alongwith 2 others (petitioner is the 1st accused) trespassed into theprinting press of the defacto complainant and unleashed anattack against the defacto complainant. Prior animosity arisingout of a suspicion that the defacto complainant had conveyedinformation to the police about the misdeeds of the petitioner andhis friends in a neighbouring hall is the alleged motive. Investigation is in progress. The petitioner apprehends imminentarrest. 2. The learned counsel for the petitioner submits that thepetitioner is absolutely innocent. There is some strain in therelationship between the defacto complainant and the petitionerherein, who is employed as a watchman in a neighbouringmarriage hall.

Because of such animosity, false allegations arebeing raised against the petitioner, it is submitted. B.A.No.7584 of 200723.The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are nocircumstances which justify the invocation of the discretion under Section 438 Cr.P.C. The petitioner may be directed to resort tothe ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdictionand then seek regular bail. 4. The learned counsel for the petitioner finally submitsthat the petitioner's state of health is precarious. The learnedMagistrate may be directed to consider the state of health of thepetitioner also while considering his application for regular bail, itis prayed. 5. Having considered all the relevant inputs, I am unableto perceive any features in this case which can justify or warrantthe invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. Different considerations will weigh with the Court while considering an application for regular bail.

Thepetitioner can surrender before the learned Magistrate and urgebefore the learned Magistrate all circumstances which can entitle B.A.No.7584 of 20073him to the grant of bail under Section 437 Cr.P.C including hisalleged poor state of health. 6. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrendersbefore the Investigating Officer or the learned Magistrate andapplies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate mustproceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE)rtr/-