IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2409 of 2008() ----------------------------- CRIME NO. 118/08 OF PATTAMBI POLICE STATION CMP.964/2008 of II ADDL. DISTRICT COURT, PALAKKAD .................... PETITIONER/ACCUSED --------------------------- RANJITH, S/O. M.P. CHANDRAN, MOORKATH PARAMBIL HOUSE, PATTAMBI P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT BY ADV. SRI.K.P.BALAGOPAL RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2409 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under section 307 r/w. 149 I.P.C. The crux of the allegations is that the accused persons, including the petitioner, were members of an unlawful assembly, which in prosecution of its common object attempted to cause the death of the victims. The victims and the accused are allegedly students of a school and the incident took place in the school. 2. The learned counsel for the petitioner submits that the allegation under Section 307 I.P.C. has been included without any justification. The petitioner is aged only 17 years. He may now be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the application. He submits that the wound certificate is not available in the case diary. The statement of the doctor has been read over to me. B.A.No. 2409 of 2008 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. This, I agree with the Prosecutor, is a fit case where the petitioner 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. If as a matter of fact the petitioner is aged below 18 years, he will certainly be entitled to claim the benefits under the Juvenile Justice (Care and Protection of Children) Act. 5. This application is accordingly dismissed with the above observations. I may however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm