IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1683 of 2008() ----------------------------- CRIME NO. 118/08 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED --------------------------- 1. RAJAN M.P., AGED 39 YEARS S/O. KOTTAN (LATE) MITHALPURA HOUSE RAVANEESWARAM P.O., VIA PALLIKKARA KASARAGOD DISTRICT. 2. C.K.JAYAN, AGED 28 YEARS S/O.KRISHNAN.A,CHIRACKAL HOUSE RAVANEESWARAM P.O., VIA PALLIKKARA KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: ------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSEOCUTOR, REPRESENTING HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1683 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether there are 10 accused persons. Two of them – the petitioners herein – are named in the F.I.R. Eight others had also involved in the commission of the offence. The alleged incident took place on 16.2.2008. Political animosity is the alleged motive. The defacto complainant belongs to IUML and the petitioners belong to CPM. Both petitioners are named in the F.I.R. Investigation is in progress. They apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may be spared of the undeserved trauma of arrest and detention, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that this is part of a series of incidents that took place B.A.No. 1683 of 2008 2 in the locality upsetting the law and order situation. The petitioners may not be granted anticipatory bail. They may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the usual course, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am unable to find any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners. This, I agree with the learned Prosecutor, 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 usual 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. 1683 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm