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. 581 of 2008() ---------------------------- CRIME NO.867/07 OF OLLUR POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 5: ------------------------------------------------ 1. JIJU, S/O. RAMAKRISHNAN, AGED 26 YEARS, CHERIKKATTIL HOUSE, PUTHANPADAM DESOM, OLLUR, THRISSUR DISTRICT. 2. KANNAN @ JINEESH, AGED 24 YEARS, S/O. RAMAKRISHNAN, CHERIKKATTIL HOUSE, PUTHANPADAM DESOM, OLLUR, THRISSUR DISTRICT. 3. SATHEESH, AGED 24 YEARS, S/O. KOCHUNNY, WADAKKINIYEDATH HOUSE, PUTHANPADAM DESOM, OLLUR, THRISSUR DISTRICT. 4. ANOOP, AGED 24 YEARS, S/O. AYYAPPANKUTTY, ERUMAKKATTIL HOUSE, PUTHANPADAM DESOM, OLLUR, THRISSUR DISTRICT. 5. ABHILASH, AGED 24 YEARS, S/O. VELAYUDHAN, MANNARKULAM HOUSE, PUTHANPADAM DESOM, OLLUR, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY 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. 581 OF 2008 ```````````````````````````````````````````````````` Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 5. Altogether there are five accused persons. They face allegations for offences punishable, inter alia, under sections 452 and 506(ii) IPC. The alleged incident took place on 9.12.07. The petitioners had proceeded to the residential building of the de facto complainant and unleashed terror and violent acts. All the petitioners are named in the FIR. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The petitioners may be directed to surrender before the learned Magistrate, submits the learned Public Prosecutor. BA.581/08 : 2 : 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The learned Public Prosecutor concedes that the victim have not suffered any serious injury. 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. 5. 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) aks