IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Bail Appl..No. 4201 of 2008() ----------------------------- CRMP.1902/2008 of DISTRICT COURT, PALAKKAD CRIME NO.259/07 OF THE CHITTUR POLICE STATION PETITIONER --------------------------- M.A. ARUN KUMAR, S/O. ACHUTHAN UNNITHAN, RESIDING AT VELLAMKULAM, POLPULLY, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: RESPONDENTS ------------------------ 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, CHITTUR.P.O, PALAKKAD. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4201 of 2008 ----------------------------------------- Dated this the 1st July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324 and 326 read with 149 of Indian Penal Code. Petitioner is the first accused. He, along with eight others, had applied for anticipatory bail before the learned Sessions Judge. After considering the arguments, accused 2 to 9 were granted anticipatory bail. But, taking into consideration the fact that the petitioner's name was mentioned in the First Information Statement itself and that he used an iron rod and inflicted serious injuries, including fracture etc., anticipatory bail was refused to the petitioner. It was observed by the learned Sessions Judge that the police may require custodial interrogation of the first accused, since the weapon is to be recovered. 3. I do not find any impropriety in the order passed by the learned Sessions Judge. Learned Public Prosecutor also submitted that there are other connected cases against petitioner and this is the solitary instance. Therefore, granting of bail to the petitioner, BA.4201/08 2 who is the main offender, may affect the law and order situation in the locality. I am satisfied of the submissions made and I am not inclined to grant anticipatory bail. 4. However, learned counsel for petitioner submitted that the petitioner is a school teacher and he has been dragged to the crime only because he is a CPM worker and a Government official. He is not actually involved in the crime. But, with a view to see that he will lose his job, he has been falsely implicated in the crime. He also requests at this juncture that a direction may be issued to the lower court to consider his bail application on the same day of filing of the bail application. 5. In the above circumstances, the lower court is directed to consider the bail application, if any, filed by the petitioner with previous notice to the Additional Public Prosecutor-in-charge of the case and dispose of the petition as expeditiously as possible on merit, in accordance with law. This petition is disposed of as above. K.HEMA, JUDGE vgs.