IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Bail Appl..No. 790 of 2008() ---------------------------- CRIME NO.600/2007 OF CHAVAKKAD POLICE STATION PETITIONER: ACCUSED: ------------------------- JALAL, S/O.KUNJALU, SNEHAVEEDHI, PUTHANKADAPPURAM, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.RANJIT BABU RESPONDENTS: STATE: ------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.790 of 2008 ------------------------------------- Dated this the 11th day of February, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations under Section 326 I.P.C. He is the sole accused. He is alleged to have attacked the victim with an iron rod near a public road and caused serious injuries on him including a fracture. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The petitioner is named in the F.I.R. The nature of the injuries is clearly revealed, which includes the fracture of the fibula. In any view of the matter, there are no circumstances 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 petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. B.A.No.790 of 2008 2 4. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies 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 and expeditiously. (R.BASANT, JUDGE) rtr/-