IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1689 of 2008() ----------------------------- PETITIONER: --------------------- NITHIN E.C., AGED 18 YEARS, S/O. PURUSHAN, EDAMANALIL (H), ERUMATHALA P.O, KEEZHUMADU, ALUVA. BY ADV. SRI.GIGIMON ISSAC RESPONDENTS: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1689 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioner – a young man, aged about 18 years, apprehends arrest in a crime registered at the Aluva Police Station. According to the petitioner, he is absolutely innocent. He is a student studying at Bangalore for a technical course. He apprehends imminent arrest. He may be granted anticipatory bail, it is prayed. 2. The learned Public Prosecutor, after taking instructions, submits that the petitioner is the 3rd accused in Crime No.6/08 of the Aluva Police Station registered, inter alia, under Sec.326 of the IPC. The petitioner is required to be arrested, asserts the learned Public Prosecutor. According to the learned Public Prosecutor, there was a dispute in connection with the new year celebrations, 2008. The B.A. No. 1689 of 2008 -: 2 :- petitioner along with some other accused had indulged in wanton acts of violence and mischief resulting in grievous injury/fracture for the victim. Only accused 1 and 2 are named in the F.I.R. They have already been arrested. After the arrest of the 2nd accused, the complicity of the petitioner has been revealed. He is required to be arrested. 3. The learned Public Prosecutor opposes the application for anticipatory bail. The learned Public Prosecutor submits that the application for anticipatory bail of the co-accused was dismissed as per the order in B.A.No.442/08. The mere fact that the petitioner is not named in the F.I.R. may not be reckoned as a sufficient circumstance to justify the claim for anticipatory bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in Crime No.6/08 of the Aluva Police Station. 5. In the result, this bail application is dismissed; but with B.A. No. 1689 of 2008 -: 3 :- the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail in Crime No.6/08 of the Aluva Police Station, 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 . Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge