IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8115 of 2007() ----------------------------- CRIME NO.544 OF 2007 OF BEKAL POLICE STATION PETITIONERS : ACCUSED NOS.1 TO 3: ------------------------------------ 1. KAYINHI @ KADIR MIRSHAD, AGED 23 YEARS, S/O.ISMAIL, KIZHUR, KALANAD P.O., KASARAGOD DISTRICT. 2. ANDURNHI @ ABDU RAHIMAN, AGED 24 YEARS, S/O.MOOSAN, KIZHUR, KALANAD P.O., KASARAGOD DISTRICT. 3. ASHRAF, AGED 25 YEARS, S/O.SUBAIR KIZHUR, KALANAD P.O., KASARAGOD DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA 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 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8115 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 3. Altogether there are three accused persons. They face allegations in a crime registered for offences punishable inter alia under Section 326 I.P.C. The alleged incident took place on 15/12/2007. Political animosity between persons belonging to INL and IUML is the alleged motive. Iron rods and granite stones were used for the commission of the offence. Victims have suffered fracture of the right ulna. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. On account of political animosity, false allegations are being raised. Petitioners may be granted anticipatory bail and saved of the undeserved trauma of arrest and detention, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all the B.A.No.8115/07 2 three petitioners are named in the F.I.R. Fracture of the right ulna is suffered by the victim and thereafter the allegation under Section 326 has been included. Violence on account of political differences must be viewed with seriousness and concern by the court and the polity, submits the learned Public Prosecutor. 4. I find merit in the opposition by the learned Public Prosecutor. I find absolutely no reasons justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 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.8115/07 3 B.A.No.8115/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007