IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3648 of 2008() ----------------------------- CRMP.1835/2008 OF SESSIONS COURT,THODUPUZHA CRIME NO.4/08 OF CUMBUMMEDU POLICE STATION .................... PETITIONER/ 1ST ACCUSED ---------------------------------------- NADARAJA PILLAI, AGED 37 YEARS, KRISHNAVILASAM HOUSE, KURUVIKANAM BHAGOM, KARUNAPURAM VILLAGE. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT ------------------------ STATION HOUSE OFFICER, CUMBUMMEDU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3648 of 2008 ------------------------------------------- Dated this the 6th day of June, 2008 ORDER This petition is filed for anticipatory bail. 2. According to the prosecution, petitioner along with the second accused attacked the defacto complainant on 14.1.2008 and inflicted injuries. Originally, the crime was registered under Sections 324, 427 and 294(b) read with Section 34 of IPC. But, on investigation Section 326 IPC is also included. Petitioner, therefore, apprehends arrest. 3. Learned counsel for the petitioner submitted that the co-accused is granted bail. Hence, it is submitted that a direction may be issued to the Magistrate court to consider the bail application, if any, filed by the petitioner. 4. This petition is opposed. Learned public prosecutor submitted that charge is laid before the trial court and the co-accused is granted bail also and hence, the petitioner may seek his remedy before the court below. It is also submitted that the petitioner is an absconding accused. BA NO.3648/08 2 5. On hearing both sides, I think that this is not a fit case to grant anticipatory bail. I am also not inclined to issue a direction to the Magistrate directing him to consider the bail application, because even without such a direction, Magistrate is bound to consider the bail application, if any, filed. With this observation, this petition is dismissed. K.HEMA, JUDGE csl