IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2025 of 2008() ----------------------------- CRIME NO.201/08 OF CHATHANNUR POLICE STATION, KOLLAM PETITIONER: ACCUSED ------------------------ BINU, AGED 22 YEARS, S/O.UTHAMAN INDU BHAVAN, KIZHAKKUMKARACHERIYIL MEENADU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2025 of 2008 ------------------------------------------------- Dated this the 7th day of April, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. Altogether, there are 2 accused persons. The 2nd accused has already been arrested. Both the accused persons have been named in the F.I.R. The alleged incident took place on 21/3/08. The crux of the allegations against the petitioner is that they allegedly tormented and assaulted the sister of the de facto complainant who attends a tutorial college. On receipt of information from the tutorial college, the petitioner in desperation was proceeding towards the tutorial college at which time the accused persons came in a vehicle and stopped near the de facto complainant. The de facto complainant questioned them as to what they had done to his sister. At this point of time, the accused persons allegedly attacked the de B.A. No. 2025 of 2008 -: 2 :- facto complainant with dangerous weapons. One was carrying a sword and the other was carrying an iron rod. The de facto complainant ran for shelter towards his house. The accused persons are alleged to have followed him. The sword was thrown at the de facto complainant. He was allegedly attacked by the miscreants after he entered the house. The miscreants allegedly followed him into his house. Allegations are raised, inter alia, under Secs.452 of the IPC and Sec.27 of the Arms Act. Investigation is in progress. The petitioner apprehends imminent arrest. No wound certificate is available in the file though there are indications to show that the victim has suffered some injuries from the body note which forms part of the First Information Statement. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The allegations are inherently improbable. If the de facto complainant had received information about what transpired at the tutorial college, how is it that he is able to see the miscreants when he went out of his house towards the road. Significantly, the Case Diary does not reveal and the petitioner does not advance a definite version about the distance between the tutorial college and the house of the de facto complainant. In these circumstances, that alleged B.A. No. 2025 of 2008 -: 3 :- circumstance cannot be reckoned as one indicating such improbability as to justify the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 3. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or 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