IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 465 of 2008() ---------------------------- Cr.No.28/08 OF CHENGAMANAD POLICE STATION PETITIONERS : ACCUSED NOS.3 TO 7: ------------------------------------ 1. SETHU, AGED 32, S/O.MADHAVAN, EDATHALASSERY HOUSE, POIKKATTUSSERY. 2. VIJI, AGED 27, S/O.VIDHYADHARAN, CHERIYAN PARAMB HOUSE, EDATHALASSERY HOUSE, POIKKATTUSSERY. 3. SAJEEV.P.C., AGED 24, S/O.CHANDRAN, PUTHENVEEDU, EDATHALASSERY HOUSE, POIKKATTUSSERY. 4. SAJEEV.P.C., AGED 29 YEARS, S/O.NARAYANAN NAIR, KONNANATT HOUSE, EDATHALASSERY HOUSE, POIKKATTUSSERY. 5. RATHEESH.K.R., AGED 26, S/O.RAJAPPAN, KURUPPARAMBU HOUSE, EDATHALASSERY HOUSE, POIKKATTUSSERY. BY ADV. SRI.C.D.JOHNY RESPONDENTS: COMPLAINANT: ------------------------- STATION HOUSE OFFICER, CHENGAMANAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.465 of 2008 ------------------------------------- Dated this the 30th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 3 to 7. They face allegations in a crime registered under Section 307 I.P.C. The crux of the allegations is that on account of prior animosity, accused 8 and 9 engaged the defacto complainant, an autorickshaw driver, to go on a trip. Thus the victim was led to a place to facilitate attack by accused 1 to 7. Accused 1 to 7, armed with dangerous weapons, allegedly attacked the victim at the place to which accused 8 and 9 led him. The victim suffered very serious injuries. Injuries were inflicted with dangerous sharp weapons. Both the lower legs are almost severed, as can be seen from the statement of the doctor, which has been read over to me. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The learned counsel for the petitioners contends that, at any rate, an allegation under Section 307 I.P.C is not justified in as much as there were 9 accused persons and they were satisfied even allegedly by inflicting the injuries below the knee. It cannot lightly be assumed that the injuries were inflicted to cause death of the victim, urges the learned counsel for the petitioners. B.A.No.465 of 2008 2 3. The learned Public Prosecutor opposes the application. Fortunately death of the victim did not result. But there is no reason to assume that the miscreants did not have the requisite culpable intention to attack the victim under Section 307 I.P.C. The mere location/site of the injury may not be reckoned as crucial or vital at this stage. The available indications as can be seen from the nature of the injury inflicted show that intention was definitely to cause the death of the victim. At any rate, the petitioners do not deserve the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. They may be directed to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which can justify or persuade this Court to invoke the extraordinary equitable discretion under Section 438 Cr.P.C. I shall not embark on a discussion as to whether Section 307 I.P.C can ultimately be established. I only take the view that the allegations do not appear to me to have been raised vexatiously. B.A.No.465 of 2008 3 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/-