IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 951 of 2008() ---------------------------- CRIME NO. 62/08 OF PATHANAMTHITTA POLICE STATION CRMP.247/2008 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONERS/ACCUSED NOS.1 & 2: ----------------------------------------------- 1. RAMESH @ MANOJ, AGED 33 YEARS, S/O. C.S.RAJAN, RADHA BHAVAN, VAZHAMUTTOM EAST MURI, VALLICODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. 2. SURESH, AGED 37 YEARS, S/O. C.S.RAJAN, RADHA BHAVAN, VAZHAMUTTOM EAST MURI, VALLICODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.B.BALRAJ RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 951 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. Altogether there are only two accused person. The crux of the allegations against the petitioners is that they had assaulted the victim by hitting him with an iron rod and stones consequent to a dispute regarding parking of a bus. The victim has allegedly suffered grievous hurt, i.e. loss of teeth and fracture of the tibia. The alleged incident took place at 9.30 p.m. on 15.1.2008. The victim was before the doctor at 10.45 p.m. Allegation has been raised promptly that the injuries were suffered on account of assault. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. There was exchange of words and the defacto complainant, who was inebriated and was proceeding on his motor cycle and had fallen and suffered the B.A.No. 951 of 2008 2 injuries. False allegations are raised against the petitioners to vex and harass them, submits the counsel. 3. The learned Prosecutor opposes the application. He submits that the available indications show the culpability of the petitioners. There are no circumstance justifying or warranting the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners, submits the learned Prosecutor. 4. I have considered all the relevant inputs. The case diary has been perused. The prompt allegation raised in the wound certificate and the F.I.R. have been perused by me. I shall carefully avoid any detailed discussion on merits about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that there are no features in this case justifying or warranting 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 an eminently fit case where the petitioners must be directed to appear before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No. 951 of 2008 3 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 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm