IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 605 of 2008() ---------------------------- CRIME NO.804/07 OF KASARGOD POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. NASAR, S/O BAVA, AGED 32 YEARS, BANGODU HOUSE, THALANGARA P.O., KASARGOD. 2. HASSAINAR, S/O MOHAMMED, AGED 26 YEARS, KASSI LANE, KASARGOD. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY S.H.O., KASARGOD POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.605 of 2008 ------------------------------------- Dated this the 1st day of February, 2008 ORDER Application for anticipatory bail. Petitioners face allegations in a crime, which is now being investigated for offences punishable, inter alia, under Sections 326 and 308 r/w 149 I.P.C. The alleged incident took place on 09.12.07. The accused persons were members of one group within the Muslim community. They, armed with dangerous weapons like iron rods and sticks, allegedly attacked the victim and thereby caused injuries to the victim. Altogether there are 6 accused persons. The 1st petitioner is the 3rd accused. The 2nd petitioner has not been arrayed as accused so far. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They have been arrayed as accused unnecessarily and with vexatious intent. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor submits that the 1st petitioner is the named 3rd accused in the F.I.R. The 2nd petitioner has not been brought on the array of accused, but investigation is B.A.No.605 of 2008 2 in progress. The petitioners may not, at this stage, be permitted to arm themselves with an order of anticipatory bail. There are 3 injured persons. One of them had suffered serious injury including fracture of scapula. Miscreants will have to be arrested and interrogated. The 1st petitioner has already been arrayed as an accused and the 2nd petitioner who may have to be brought on the array of accused. They may not now be permitted to arm themselves with an order of anticipatory bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 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. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioners surrender before the Investigating Officer or the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor B.A.No.605 of 2008 3 in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-