IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1399 of 2008() ----------------------------- CRIME NO.9 OF 2008 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONERS : ACCUSED NO.6,8,9 AND 10 ---------------------------------------- 1. GOPESH, S/O.GOPI, AGED 19 YEARS PULAYAKAVU VEEDU, ADAYAMON P.O., KILIMANOOR THIRUVANANTHAPURAM. 2. ANIS, S/O.SASI, AGED 22 YEARS THUNDUVILA VEEDU, ADAYAMON P.O., KILIMANOOR THIRUVANANTHAPURAM. 3. ARUN, S/O.BALAN, AGED 19 YEARS CHARUVILA PUTHAN VEEDU, ADAYAMON P.O. KILIMANOOR, THIRUVANANTHAPURAM. 4. SANU,S/O. VENU, AGED 18 YEARS SARITHA BHAVAN, VATTALIL, ADAYAMAN P.O. KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.K.M.FIROZ RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1399 of 2008 ------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 10, 7, 8 and 6 respectively. Altogether there are 10 accused persons. The alleged incident took place on 06.01.08. Injuries including fracture have been suffered by the victim. The accused persons including the petitioners were allegedly members of an unlawful assembly who on account of prior animosity trespassed into the house of the defacto complainant and unleashed an attack on him. Injuries including fracture have been suffered. Investigation is in progress. Accused 2 to 5 were arrested and they had come to this Court for regular bail. They were granted regular bail as per order dated 24.01.08 in B.A.No.388 of 2008. The petitioners have not been arrested so far. They have not been named in the F.I.R. Only accused 1 to 3 have been named. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioners are not B.A.No.1399 of 2008 2 named in the F.I.R. Satisfactory materials have been collected to reveal the complicity of the petitioners herein. In any view of the matter, this is not a fit case where the petitioners deserve to be armed with an order of anticipatory bail. They may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail, it is submitted. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. The fact that regular bail was granted by this Court to accused 2 to 5 is no reason to justify the claim for anticipatory bail of the petitioners. I have been taken through the nature of injuries suffered. I am satisfied that the petitioners must resort to the ordinary and normal course of appearing 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 in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/- B.A.No.1399 of 2008 3