IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1155 of 2008() ----------------------------- CRIME NO.116/2008 OF PALARIVATTOM POLICE STATION .................... PETITIONER/ACCUSED: -------------------------------- BINEESH,S/O.GOPALAKRISHNAN NAIR SAROJ MANDIRAM,KODAKKARAPPALLY,CHERTHALA. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER PALARIVATTOM POLICE STATION ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1155 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. Altogether three accused persons are named in the FIR. The alleged incident took place on 4.2.08. The petitioner and the de facto complainant were transacting business jointly but later, there was some disagreement between them. Their relationship had turned sour. On the date of the occurrence, accused Nos.2 and 3, who are alleged to be employees of the petitioner, had allegedly gone to the house of the de facto complainant. They wanted the de facto complainant to come out from the house to talk to the petitioner herein. When the petitioner resisted and did not oblige, the two accused persons started assaulting the petitioner. They indulged in acts of violence and mischief. The de facto complainant came out of the house but could not BA.1155/08 : 2 : locate the petitioner there. Crime has been registered. The petitioner has been arrayed as the 1st accused. The miscreants, who have got into the house of the de facto complainant, have been arrayed as accused Nos.2 and 3. Investigation is in progress. The petitioner apprehends imminent arrest. No accused has been arrested so far. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He prays that directions under section 438 Cr.P.C. may be issued in favour of the petitioner. The learned counsel for the petitioner submits that it is significant to note that the petitioner is not seen at the scene of the crime by the de facto complainant. 3. The learned Public Prosecutor opposes the application. He submits that accused Nos.2 and 3 had no animus against the de facto complainant and that they being employees of the petitioner herein, their conduct was prompted and triggered by the involvement of the petitioner. At any rate, at this early stage of investigation, the petitioner BA.1155/08 : 3 : may not be permitted to arm himself with an order of anticipatory bail. He may be directed to appear before the investigating officer and co-operate with the investigating officer, it is submitted. 4. I have considered all the relevant inputs. I am satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. I shall carefully avoid any detailed discussions on merits about the acceptability of the allegations or the credibility of the materials collected. Suffice it to say that I am satisfied that the petitioner must appear before the investigating officer and co-operate with the investigating officer. He must seek regular bail after such appearance if he were arrested. In any view of the matter, I am not satisfied that directions under section 438 Cr.P.C. can or ought to be issued in favour of the petitioner. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer BA.1155/08 : 4 : 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) aks