IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2572 of 2008 ------------------------------------- (CRIME NO. 72/2008 OF MANIMALA POLICE STATION) PETITIONERS/ACCUSED NO.1 --------------------------------------------- MURALEEDHARAN NAIR T.K. S/O.KUTTAPPAN NAIR, RADHALAYAM, KADAYANIKADU P.O. KOTTAYAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, MANIMALA POLICE STATION, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2572 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under Section 326 I.P.C. The learned counsel for the petitioner submits that the alleged victim and the petitioner are neighbours. It is prayed that anticipatory bail may, in these circumstances, be granted to the petitioner. 2. The learned Public Prosecutor opposes the application. A fracture has been suffered by the victim. In any view of the matter, the petitioner does not deserve to be granted anticipatory bail. He may be directed to resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate and then seek regular bail, submits the learned Public Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Section B.A.No.2572 of 2008 2 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 4. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for 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) rtr/- /true copy/ P.A to Judge