IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1214 of 2008() ----------------------------- CRIME NO.12/08 OF PAYYANNUR POLICE, KANNUR DISTRICT. PETITIONER/ACCUSED ----------------------------------- BAIJU JOSEPH @ BAIJU KURISUMOOTTIL, S/O.JOSEPH, AGED YEARS, KURISUMOOTTIL HOUSE, KANJIRAKOLLI P.O., PAYYANNUR AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, KANNUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1214 of 2008 ------------------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Secs.454 and 380 of the IPC. The de facto complainant had closed his house and had gone to some other place. He had left the key with his neighbour for some purpose. The neighbours allegedly found that there was some movement inside the house. They became suspicious. When they came to the house, the house was broken open. They realised that the toilet was closed from inside. When they peeped in, they found that there was somebody sitting in the bath room with a chair placed there. There was a commotion. Such person in the melee opened the toilet and ran away. Information was passed on to the de facto complainant. The B.A. No. 1214 of 2008 -: 2 :- de facto complainant came to his house. He had to attend a marriage on the next day. After attending the marriage, he came to the police station and lodged a complaint. Investigation has already commenced. The de facto complainant and the neighbour - witness have all been questioned. They confirmed the version which is extracted above. The petitioner now apprehends imminent arrest. Even the First Information Statement indicates that the petitioner is a person who is wanted in certain cases connected with political violence. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. According to the petitioner, it is the political leanings of the petitioner that is prompting the de facto complainant to make vexatious allegations against him. The learned counsel argues that the allegations are extremely improbable. The presence of the petitioner sitting in the bath room locked from outside with a chair placed there is so shockingly improbable. The delay in lodging the complaint must also arouse suspicion, it is urged. The admitted political leanings of the petitioner does also support the case of the petitioner that this is a vexatious proceedings. In these circumstances, anticipatory bail may be granted to the petitioner, it is submitted. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor has placed the Case Diary for my B.A. No. 1214 of 2008 -: 3 :- perusal. I have perused the same. The version that the miscreant was sitting inside the bath room with a chair may appears to be improbable; but at the same time, I find no reason for the neighbour - witness to make such an improbable allegation if the intention were to raise a false allegation. The delay in lodging the complaint is also not seen explained. I shall not embark on any detailed discussions on this delay. Suffice it to say that on an anxious consideration of all the relevant inputs I am not persuaded to hold that there are any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. An amount of Rs.2,500/- was allegedly lost from the premises also. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge