IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6439 of 2008() ----------------------------- CP.3/2008 of J.M.F.C.-I, KOLLAM CRIME NO.98/97 OF EAST KALLADA POLICE STATION PETITIONER (S): ACCUSED NOS.2 AND 3: ---------------------------------------- 1. ROBIN, S/O.LASAR, ALEESH BHAVANAM VEEDU, SINKARAPALLY, KODUVILA MURI, KIZHAKKEKKALLADA, KOLLAM. 2. ANI @ ANIMON, S/O.YESUDASAN, PALLIVILA VEEDU, KODUVILA MURI, KIZHAKKEKKALLADA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: --------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE, KIZHEKKEKKALLADA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6439 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324, 308 read with section 34 IPC. According to prosecution, petitioners (A2 and A3) in furtherance of common intention assaulted de facto complainant, while he was sitting in a barbershop. 3. Learned counsel for petitioners submitted that the allegations are made against 1st accused and motive was also attributed against him. The specific allegation is that 1st accused beat de facto complainant and he also stabbed him with knife, but petitioners were only standing outside the shop. They are made accused with the aid of section 34 IPC and hence, they may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that charge has been laid against petitioners and they may be directed to take recourse to ordinary remedy available to them by surrendering before the Magistrate Court concerned and apply for bail. Non bailable warrants were issued against them, since they were absconding, it is submitted. 5. On hearing both sides, I find that petitioners may seek their ordinary remedy before the trial court. If petitioners file BA 6439/08 -2- application for bail, it shall be disposed of considering on merit whether they were absconding or not. Petitioners are at liberty to raise all the contentions raised here, before the Magistrate Court concerned. At this stage, I am not inclined to grant anticipatory bail. However, I make it clear that dismissal of this petition is not a ground to dismiss bail under section 437 cr.P.C. Consider for grant of anticipatory bail and bail are different. Hence, petitioner is directed to surrender before the Magistrate court concerned within four days from today and if any bail application is filed, it shall be disposed of without any delay as expeditiously as possible on merit. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.