IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1310 of 2008() ----------------------------- CRIME NO. 94/08 OF NORTH PARAVUR POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. ROSHAN P.G., S/O. GOPI, AGED 26 YEARS, PULLAYIL VEEDU, EZHIKKARA P.O., NORTH PARAVUR. 2. AVINASH, AGED 28 YEARS, S/O. GOPALAKRISHNAN, CHEMBAKASSERY, PERUMPADANNA, NORTH PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, (CRIME NO.94 OF 2008 OF NORTH PARAVUR POLICE STATION). BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, A/W. BA 1312 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1310 & 1312 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R These applications are for anticipatory bail filed by the petitioners, who are all accused in a crime registered alleging commission of offences punishable under Sections 326 and 307 r/w. 149 I.P.C. Altogether there are five accused persons. The alleged incident took place on 20.1.2008. Between the first accused and the defacto complainant, who were earlier good friends, there is bitter animosity prevailing now for various reasons. The crux of the allegations against the petitioners is that the five accused persons - four of them have been named in the F.I.R. - on account of prior animosity which the first accused had towards the defacto complainant, chased the defacto complainant, who was travelling in a car, in motor cycles and had unleashed an attack on him with dangerous weapons, including swords. Serious/grievous injuries were suffered by the victim. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. B.A.Nos. 1310 & 1312 of 2008 2 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The counsel in particular submits that the petitioner in B.A. 1312 of 2008 (A3) was not available at the scene at all. He further submits that yet another accused, a person by name Gokul/A2, who is alleged to have been present, had really left for his employment abroad prior to the date of the incident. The name of the said Gokul has unnecessarily crept into the F.I.R. So far as the petitioner in B.A. 1312 of 2008, identical incorrect allegation has been made solely because he happens to be a friend of the first accused like the said Gokul. 3. The learned Prosecutor opposes the applications. He submits that no decision has been taken about the involvement of the said Gokul so far. The theory that he was not available in India is being enquired into. At any rate, there is absolutely no reason to assume that the allegation against any one of the three petitioners are false and are not justified. In any view of the matter, there is no reason to invoke the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners, submits the learned Prosecutor. B.A.Nos. 1310 & 1312 of 2008 3 5. Having considered all the relevant inputs, I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners. This I agree with the learned Prosecutor, is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge B.A.Nos. 1310 & 1312 of 2008 4 tm