IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2535 of 2008() ----------------------------------------- (CRIME NO.59/08 OF VARANDARAPPILLY POLICE STATION, THRISSUR DISTRICT) APPLICANT:ACCUSED NO.2: ------------------------------------------- AJAYAN, AGED 36 YEARS, S/O. KRISHNANKUTTY, MANAPPURATHUKARAN HOUSE, P.O. MUPLIYAM, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT:COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2535 OF 2008 ```````````````````````````````````````````````````` Dated this the 29th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused. Altogether there are two accused persons. They face allegations for offences punishable, inter alia, under sections 326 and 308 read with 34 IPC. 2. It is alleged that on account of prior animosity arising from an earlier incident the two accused persons went together to the de facto complainant and allegedly attacked him. The petitioner allegedly caught hold of him to facilitate infliction of injury by the 1st accused. A fracture of scapula was suffered. A dangerous weapon was allegedly used. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. All the three are friends. The petitioner had only tried to avoid the incident. False and vexatious allegations are being raised against the petitioner. The petitioner may, at any rate, be granted anticipatory bail, it is prayed. BA.2535/08 : 2 : 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations satisfactorily indicate the culpability of the petitioner. 5. Case diary has been placed before me. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that this is a fit case where the petitioner 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 petitioner surrenders before the investigating officer 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