IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1978 of 2008() ----------------------------- [CRIME NO.164/08 OF VALAPAD POLICE STATION] : PETITIONERS (A5,A4,A6 AND A1) ---------------------------- 1. JINESH, AGED 26 YEARS, PAINTING, S/O.GOPI, THEKOOTT HOUSE, NATTIKA VILLAGE, NATTIKA POST, CHAVAKKAD TALUK. 2. SANEESH, AGED 26 YEARS, PAINTING, S/O.BABU, PULLIPARAMBIL HOUSE, NATTIKA VILLAGE, THALIKULAM POST, CHAVAKKAD TALUK. 3. SREEJITH, AGED 25 YEARS, KOOLIE, S/O.SANKARANKUTTY, KALAKODUVATH HOUSE, NATTIKA VILLAGE, NATTIKA POST, CHAVAKKAD TALUK. 4. ARUN, AGED 24 YEARS, PAINTING, S/O.SATHEESH BABU, KODAPPULLI HOUSE, NATTIKA VILLAGE, NATTIKA POST, CHAVAKKAD TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENTS: ------------- SUB INSPECTOR OF POLICE, VALAPAD REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1978 of 2008 ---------------------------------------- Dated this the 1st day of April 2008 O R D E R Application for anticipatory bail. The petitioners are accused 5,4,6 and 1 respectively. Altogether in the F.I.R, it is alleged that eight persons including the named first accused were the miscreants. Subsequently, in the course of investigation, it is clarified that there were only six accused persons. Investigation is in progress. Accused 2 and 3 have already been arrested and enlarged on bail. The petitioners apprehend imminent arrest. 2. The crux of the allegations is that the accused persons armed with dangerous weapons and attacked the de facto complainant on account of prior animosity. The wound certificate shows that four incised injuries have been suffered. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the petitioners are innocent and that they may be granted anticipatory bail. 4. The learned Public Prosecutor opposes the application. B.A.No.1978/08 2 5. Having considered all the relevant inputs, I find absolutely no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The wound certificate has been read over to me. Four incised injuries have been seen suffered by the victims. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 6. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr B.A.No.1978/08 3 B.A.No.1978/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007