IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 415 of 2008() ---------------------------- CRIME NO.450/2007 OF SHORANUR POLICE STATION PETITIONERS/ACCUSED: ----------------- 1. K.SUSRESH BABU,33 YEARS S/O.BALAKRISHNAN, KARIPPOTTIL VEEDU VADANAKURISSI. 2. P.VINEESH,21 YEARS,S/O.VIJAYAN PURATHINKAL VEEDU,VADANAKURISSI. 3. C.SHAJI,27 YEARS,S/O. KESAVAN CHENATHUKATTIL VEEDU,VADANAKURUSSI 4. C.MANIKANDAN, 33 YEARS, S/O.CHATHU KALAMKUNNATH VEEDU,VADANAKURUSSI 5. K. ABHILASH, 25 YEARS,S/O,ARAVINDAKSHAN KIZHAKKEPURACKAL VEEDU,VADANAKURUSSI 6. M.K.RETHEESH,25YEARS,S/O.CHANDRAN KARIPPOTTIL VEEDU, VADANAKURUSSI 7. P.SUBRAMANIAN,24 YEARS,S/O,.VASU PARAPPALLIYALIL VEEDU, VADANAKURUSSI BY ADV. SRI.E.R.VENKATESWARAN RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA REPRESENTED BY THE SHO SHORANUR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.415 of 2008 ---------------------------------------- Dated this the 12th day of February 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 7. All of them are named in the F.I.R. They face allegations in a crime registered for offences punishable inter alia under Section 326 read with 149 I.P.C. Fracture of the nasal bone is the injury suffered by the victim. The petitioners allegedly entertained animosity against the victim for the reason that the de facto complainant did not send his son to the R.S.S Sakha for training. The alleged incident took place on 15/12/2007. The victim had gone to the doctor on 16/12/2007. He was referred to a higher centre for treatment. He was discharged from the hospital on 21/12/2007. Thereafter the F.I.R has been lodged. Investigation is pending. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioners are innocent. False and vexatious allegations are being raised against the petitioners. The first doctor who examined the victim did not perceive any fracture. Allegations of fracture are raised belatedly. There was long and enormous B.A.No.415/08 2 delay in filing the F.I.S. In these circumstances, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 3. I have considered all the relevant inputs. Crucial significance cannot be attached to the delay in lodging the F.I.S in this case at this stage while considering the petitioners' claim for anticipatory bail as it is seen that on the very next morning the victim with injury had gone to the doctor and raised the present allegation of assault. He was referred to the higher centre for expert treatment by the first doctor. He was treated at the Medical College hospital. He was discharged on 21/12/2007 whereupon he went and lodged the F.I.S. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. B.A.No.415/08 3 4. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or the learned Magistrate and apply 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.415/08 4 B.A.No.415/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007