IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 8094 of 2007() ----------------------------- CRIME NO.168/2007 OF POZHIYOOR POLICE STATION : PETITIONER/ACCUSED ----------------------------------- SUNIL, S/O CELUS, PARUTHIVILA VEEDU, PARUTHIVILA, ERICHELLUR DESOM, KARODE VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8094 of 2007 ------------------------------------- Dated this the 1st day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations for offences punishable, inter alia, under Section 452 I.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The dog of the defacto complainant had allegedly bitten the child of the petitioner. Infuriated by that circumstance, the petitioner had allegedly gone into the residential building of the defacto complainant and had allegedly indulged in senseless acts of violence. He had allegedly caused the injuries/death to the animals of the defacto complainant. He had also allegedly threatened the defacto complainant and his relatives with dangerous weapons. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Passion must have been running high and certain allowance ought to be granted to the B.A.No.8094 of 2007 2 response of the petitioner in the given circumstance, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. I find merit in the opposition by the learned Public Prosecutor. A different consideration must weigh with the Court when the application is one for anticipatory bail and not for regular bail. I am satisfied that this is a fit case where the petitioner must be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course. 4. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies 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/-