IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2206 of 2008() ----------------------------- CRIME 228 OF 2008 OF KARUNAGAPPALLY POLICE STATION : PETITIONERS/ACCUSED 1 TO 5: -------------------------------------------- 1. GIRISH, S/O. RAMACHANDRAN, PUTHEN VEETTIL HOUSE, VADAKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE,KARUNAGAPPALLY TALUK. 2. RAJESH, S/O. RAMACHANDRAN, PUTHEN VEETTIL HOUSE, VADAKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE,KARUNAGAPPALLY TALUK. 3. BIJU, S/O. VIJAYAN, PUTHEN VEETTIL HOUSE, VADAKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE,KARUNAGAPPALLY TALUK. 4. VISHNU, S/O. KRISHNANKUTTY, PERASSERY PADIYITTATHIL, KOZHIKKODE MEKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE,KARUNAGAPPALLY TALUK. 5. SHIBU, S/O. RAMACHANDRAN, THARAYIL VEETTIL, KOZHIKKODE MEKKUMURIYIL, AYANIVELIKKULANGARA VILLAGE,KARUNAGAPPALLY TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAFEEK. V.K. RESPONDENTS: STATE: ------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2206 of 2008 ------------------------------------- Dated this the 9th day of April, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 5 in a crime registered alleging offences punishable, inter alia, under Sections 326 and 307 r/w 149 I.P.C. Altogether there are 6 accused persons. The 6th accused has already been arrested. All the 6 accused persons are named in the F.I.R. The incident arises on the basis of a political dispute between C.P.M and R.S.S activists. The petitioners belong to the R.S.S. Three persons have suffered injuries. One of them has suffered fracture of nasal bone. The alleged incident took place on 06.03.08. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They are not in any way involved in the offence. At any rate, the inclusion of the allegations under Section 307 I.P.C is not justified at all. Such fanciful allegations are raised only because of the political clout which the victims - the activists of the C.P.M, have with the police officials. In any view of the matter, the petitioners do not deserve to face B.A.No.2206 of 2008 2 allegations under Section 307 I.P.C. Appropriate directions may be issued under Section 438 Cr.P.C, it is prayed. 3. The learned Public Prosecutor opposes the application. Wound certification has been read over to me. Iron rod and idikkatta are the weapons allegedly used. Fracture of the nasal bone is the only serious injury seen in the wound certificate. The learned Public Prosecutor, to a specific query by this Court as to how the allegation under Section 307 I.P.C is sustainable, only submits that, at any rate, the petitioners are not entitled for grant of anticipatory bail as there is specific allegation under Section 326 I.P.C also. 4. The learned counsel for the petitioners submits that if the petitioners are not granted anticipatory bail, at least the learned Magistrate may be directed to consider the bail application eschewing the allegation under Section 307 I.P.C. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that such a direction can be issued though the petitioners are not entitled for grant of anticipatory bail. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioners surrender B.A.No.2206 of 2008 3 before the Investigating Officer or the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to dispose of such application for regular bail on merits, in accordance with law and expeditiously, eschewing the allegation under Section 307 I.P.C. (R.BASANT, JUDGE) rtr/-