IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2551 of 2008() ----------------------------- [CRIME NO.133/2008 OF KURATHIKAD POLICE STATION] PETITIONERS/ACCUSED: ------------------------- 1. SAMJOHN @ JOSE, S/O.K.S.JOY, KIZHAKKEYATTATHUPUTHEN VEEDU, THANNIKKUNNEL, VETTIYAR VILLAGE. 2. SAMUEL GEORGE @ GEORGE SAMUEL, KIZHAKKEYATTATHU, THANNIKKUNNEL, VETTIYAR VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KURATHIKAD POLICE STATION, KURATHIKAD. BY PUBLIC PROSECUTOR P.RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/04/2008, THE COURT ON 29/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No.2551 of 2008 -------------------------------- Dated this the 29th day of April, 2008 O R D E R This is a petition filed under Section 438 Cr.P.C for anticipatory bail. The petitioners are accused Nos.1 and 2 in crime No.133/2008 of Kurathikad police station registered for the offences punishable under Sections 447,307,323 read with 34 I.P.C and Section 7 read with 27 of the Arms Act. According to the allegation contained in the crime, on 12/4/2008 at 7 p.m while the de facto complainant was sitting in his house, the first petitioner came to his house in a car and called the de facto complainant to the car wherein the second petitioner was sitting. When the de facto complainant reached the car, the second petitioner came out with a sword and inflicted a cut injury on his head and uttered that he will do away with the de facto complainant. At that time, the first petitioner allegedly stabbed on his stomach and thereby he fell down. 2. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. The learned Public Prosecutor submitted that the injury sustained by the de facto B.A.No.2551/2008 2 complainant is very serious and the occurrence was taken place only on 12/4/2008 and the investigation is in its preliminary stage. Considering the facts and circumstances involved in this case, I am not inclined to grant anticipatory bail to the petitioner; but on the other side, this application can be disposed of directing the petitioners to surrender before the Magistrate court concerned where the crime is pending and seek regular bail. 3. Therefore, the petitioners are directed to surrender before the Magistrate court where crime No.133/2008 is pending and on moving an application for regular bail with advance copy to the Prosecutor, the learned Magistrate shall consider the same and pass appropriate orders on merits preferably on the date itself on which the petition being moved. 4. The above petition is disposed of accordingly. (V.K.MOHANAN,JUDGE) jsr B.A.No.2551/2008 3