IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1739 of 2008() ----------------------------- CRIME NO.188/2008 OF THIRUVALLA POLICE STATION : PETITIONERS/ACCUSED: ------------------------- 1. M.G.SADANANDAN, S/O.K.GANGADHARAN, MEDAPARAMBIL HOUSE, BATHANI ROAD, THIRUVALLA. 2. M.G.SADASIVAN, MEDAPARAMBIL HOUSE, MATHAM ROAD, THIRUVALLA. 3. BALABADRAN, S/O.LATE KUTTAN, PATTADAPARAMBU, PENINGARA. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1739 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are brothers of the injured. Altogether there are three accused persons. They face allegations in a crime registered alleging the offence punishable under Section 326 I.P.C. They are alleged to have assaulted their brother, the de facto complainant with iron rods and caused a fracture in the left ankle of the victim. The alleged incident took place on 22/2/2008. The injured was allegedly taken to the doctor. The alleged cause was narrated in detail to the doctor. F.I.R was registered later on 01/03/2008. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The de facto complainant is a drunkard. He does not take care of the family. He had suffered injuries in a fall. False and vexatious allegations are raised against the petitioners. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all the B.A.No.1739/08 2 available indications point clearly to the truth of the allegations raised in the F.I.R. There are absolutely no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The petitioners may be directed to appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. Affidavits filed by the parents of the victim do not persuade me to invoke the extraordinary equitable discretion under Section 438 Cr.P.C. 5. In the result, this petition is dismissed. Needless to say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.1739/08 3 B.A.No.1739/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007