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. 809 of 2008() ---------------------------- CRIME NO.27/08 OF ADHUR POLICE STATION, KASARAGOD : PETITIONERS: (ACCUSED 8, 9 AND 19 -------------------------------------------------- 1. JAYAKRISHNAN MASTER, S/O.KARUNAKARAN MASTER, MULIYAR, TEACHER, AUP SCHOOL, BOVIKKANAM, KASARAGOD DISTRICT. 2. MADHUSUDHANAN, S/O.KRISHNAN, RESIDING AT CHIPLIKAYA, MULIYAR VILLAGE & POST, KASARAGOD. 3. MANIKANTAN.T., S/O.DAMODHARAN NAIR, RESIDING AT PATHANADKA, P.O.KOTOOR, MULIYAR, KASARAGOD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.27/2008 OF ADHUR POLICE STATION, KASARAGOD DISTRICT). 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.809 of 2008 ------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 8, 9 and 19. They face allegations in a crime registered under Sections 308 and 353 I.P.C. The crux of the allegations is that when a police party went to the scene of the crime to disengage the quarreling activists of the B.J.P and the Muslim League, stones were thrown by the accused persons at the police party to deter them from the discharge of their official duty. Investigation is in progress. Some of the co-accused have already been arrested and enlarged on bail by this Court. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioners are absolutely innocent. Even if the entire allegations were accepted, there are no elements of the offence punishable under Section 308 I.P.C. The petitioners may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioners may B.A.No.809 of 2008 2 be directed to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 4. The learned Public Prosecutor was requested to pointedly explain how the allegations under Section 308 I.P.C are justified in the facts and circumstances of the case. I shall not embark on a detailed discussion. Suffice it to say that sufficient reasons have not been shown before me to justify inclusion of the allegation under Section 308 I.P.C. 5. I am, in these circumstances, satisfied that this bail application can be allowed in part. This bail application is, accordingly allowed in part. The petitioners are directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail within 10 days. When the court considers the application for regular bail, the court shall eschew and ignore the allegation under Section 308 I.P.C and dispose of the bail application. Needless to say that such application for bail, must be disposed of by the learned Magistrate on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) rtr/- B.A.No.809 of 2008 3