IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1537 of 2008() ----------------------------- CRIME NO.316/07 OF CANTONMENT POLICE STATION : PETITIONER/A5 ------------------------------ SHAJAN, AGED 35, S/O.ESSAI, T.C.2/1955, GOWREESHAPATTAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1537 of 2008 ---------------------------------------- Dated this the 11th day of March 2008 O R D E R Application for anticipatory bail. Petitioner is the fifth accused. He, along with the co-accused, faces allegations in a crime registered alleging offences punishable inter alia under Section 308 I.P.C. The alleged incident took place on 7/11/2007. Prior animosity is the alleged motive. The victim was attacked with a jacky lever. He has not suffered any serious or grave injuries. Some of the co-accused have come before this court claiming anticipatory bail and by order dated 25/1/2008 in B.A.No.395/2008, the said application for anticipatory bail filed by accused 1,3 and 4 was dismissed by this court. The petitioner prays that anticipatory bail may be granted to the petitioner. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the role of the petitioner is identical to the role of the said co-accused, whose anticipatory bail was dismissed as per order dated 25/1/2008. The petitioner does not also deserve to be granted anticipatory bail, submits the learned Public Prosecutor. 3. I have considered all the relevant inputs. In the order dated 25/1/2008, I have adverted to facts in detail. It is not B.A.No.1537/08 2 necessary for me to advert to facts in any greater detail in this order. This order must be read in continuation of the said order. I am satisfied that there is no reason to take a different view in the matter of grant of anticipatory bail so far as the petitioner herein is concerned. 4. In the result, this petition is dismissed. Needless to say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1537/08 3 B.A.No.1537/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007