IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2045 of 2008() ----------------------------- CRIME NO. 28/08 OF KAMPAMMETTU POLICE STATION PETITIONERS/ACCUSED 1 TO 5 ------------------------------------------- 1. SATHYAN @ KUTTAN, AGED 39, S/O.NARAYANAN, PALAKKATHOTTIYIL HOUSE, KUZHIKANDAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. 2. KUNJU KUNJU @ LALU, AGED 47, S/O.NARAYANAN, PALAKKATHOTTIYIL HOUSE, EDATHIAMETTU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. 3. UNNIKRISHNAN, AGED 30, S/O.MOHANAN, PALAKKATHOTTIYIL HOUSE, KUZHIKANDAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. 4. SANKARAN @ SASIDHARAN, S/O.NARAYANAN, PALAKKATHOTTIYIL HOUSE, EDATHIAMETTU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. 5. MOHANAN, S/O.NARAYANAN, PALAKKATHOTTIYIL HOUSE, EDATHIAMETTU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENTS: COMPLAINANT & STATE -------------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KAMPAMMETTU POLICE STATION REP. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2045 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 5. Altogether there are six accused persons. The alleged incident took place on the midnight of 14/15.2.2008. The accused persons, armed with dangerous weapons, had allegedly trespassed into the house of the defacto complainant and indulged in wanton acts of mischief and violence. The alleged motive was an incident which had taken place about 3 hours earlier, in which the defacto complainant is alleged to have trespassed into the house of a relative of the petitioners. Crimes have been registered in respect of both the incidents. In this case the victim has suffered injuries, including a fracture. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. It is prayed that anticipatory bail may be granted to them. B.A.No. 2045 of 2008 2 3. The learned Prosecutor opposes the application. Regarding the earlier incident, a crime has been registered. The earlier incident cannot justify the later culpable conduct. The petitioners have taken law into their own hands and had indulged in wanton acts of violence. Private vengeance has no place in a refined society. In these circumstances the petitioners may not be granted anticipatory bail. They may be directed to appear before the Investigating Officer or the learned Magistrate and then seek regular bail, submits the Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I agree with the learned Prosecutor that this is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must B.A.No. 2045 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm