IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Bail Appl..No. 2461 of 2008() ----------------------------- CRMP.726/2008 of DISTRICT COURT, KOTTAYAM .................... (CRIME NO.174/2008 OF KOTTAYAM EAST POLICE STATION) PETITIONER/2ND ACCUSED: ------------------------------------------- ABILASH.P.R., AGED 24 YEARS, S/O.RAJAN, PEZHUMVELIL, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: COMPLAINANTS: ----------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, EAST POLICE STATION, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON 22/04/2008 PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------------ B.A.No.2461 of 2008 ------------------------------------- Dated this the 22 nd day of April, 2008 ORDER This is an application for anticipatory bail filed by the petitioner, who is the 2nd accused in Crime 174 of 2008 of Kottayam East Police Station. The allegation against the accused is that they committed the offences punishable under Sections 448 and 308 r/w 34 I.P.C. The petitioner submitted that the co- accused has been granted bail as per Annexure-A1 order of the court below and therefore he is also entitled to get the same treatment. 2. I have heard the learned Public Prosecutor, who opposed the application stoutly. The allegation of the prosecution would show that the accused attempted to commit culpable homicide. The petitioner herein is the 2nd accused, who is alleged to have used dangerous weapon and inflicted injuries. The learned Sessions Judge granted bail in favour of the 1st accused on the finding that there is no specific overt act against him. But in the case of the petitioner, it appears that specific overt act is alleged against him as mentioned above. Therefore this is not a B.A.No.2461 of 2008 2 fit case to exercise the extraordinary jurisdiction of this Court under Section 438 Cr.P.C. But I am of the view that this application can be disposed of directing the petitioner to surrender before the court below and seek regular bail. 3. In the above circumstances, the petitioner is directed to surrender before the learned Magistrate concerned within a period of two weeks from today and on his filing an application for regular bail, the same shall be considered and disposed of - preferably on the same day on which it is filed. With the above observations, this application is disposed of. (V.K.MOHANAN, JUDGE) rtr/-