LAWS(KER)-2007-6-114

P JAYA RAJAN Vs. STATE OF KERALA

Decided On June 22, 2007
P.JAYA RAJAN Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Is the petitioner, in whose favour directions under Section 438, Cr. P. C. had been issued, liable to continue to comply with the conditions imposed while granting such an order of anticipatory bail even when he later seeks and obtains regular bail from the competent Court This is the question of interest raised before this Court in this Criminal Miscellaneous Case by the learned counsel for the petitioner. I am informed that confusion prevails in the minds of even counsel and Magistrates on this aspect not to speak of the travails of the police and accused persons.

(2.) To the skeletal facts first. The petitioner approached this Court with an application for anticipatory bail under Section 438, Cr. P. C. He who faces allegations inter alia under Section 406, I. P. C. was granted anticipatory bail for a period of one month by another Bench of this Court. The said bench observed that the anticipatory bail order was to hold the field for a period of one month within which period the petitioner was to surrender before the learned Magistrate and seek regular bail. Conditions were also imposed by the learned Judge which included the condition that the petitioner must report before the investigating officer on all Wednesdays.

(3.) The learned counsel for the petitioner submits that within the said period of one month, the petitioner had appeared before the learned Magistrate and sought regular bail. Regular bail was granted also. That regular bail was granted not subject to any conditions, submits the learned counsel. Is the petitioner, thereafter, liable to comply with the conditions imposed when anticipatory bail was granted that is the question that is raised now. The petitioner has come to this Court with a prayer that the said conditions may be deleted. The learned counsel for the petitioner submits that if the position is not clarified, unnecessary confusion and chaos is likely to result. Police and the learned Magistrate insist on such compliance, it is submitted.