IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 114 of 2008() ---------------------------- CRIME NO. 267/07 OF MANARCADU POLICE STATION CRMP.3176/2007 of ADDL. DISTRICT COURT (SPL.COURT), KOTTAYAM .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. B.VIJAYAKUMAR, S/O BALAKRISHNAN, AGED 43 YEARS, OPPAR VEEDU, MANARCADU PANCHAYAT. 2. K.C.SASANKAN, S/O CELLAPPANACHARY, KIZHAKKEPONNANIYIL HOUSE, MALAMKARA, MANARCADU PANCHAYAT. BY ADV. SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANARCADU POLICE STATION, MANARCADU, KOTTAYAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 114 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2 in a crime registered for offences punishable, inter alia, under Section 452 I.P.C. That is the only non-bailable offence alleged against the petitioners. The crux of the allegations against the petitioners is that the accused persons attacked the house of the defacto complainant and caused injury to the victim, the wife of the master of the house, who was inside the house, by throwing stones. One stone went in and hit the victim. Crime has been registered. The petitioners are named in the F.I.R., it is submitted. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the husband of the defacto complainant is a notorious person in the locality, he having connections with sand and blade mafia. Local people had organised without any distinction of politics to B.A.No. 114 of 2007 2 protest against the activities of the husband of the defacto complainant. Those who attended the meeting were attacked by the husband of the defacto complainant and others. A crime has been registered in respect of that incident and the husband of the defacto complainant is the first accused in that crime. As a retaliation, false and frivolous allegations are raised against the petitioners in this crime. Allegations are totally unacceptable and are raised only with vexatious intent. The petitioners may in these circumstances be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the application. He submits that the indications available in this crime clearly point to the complicity of the petitioner. He particularly relies on the injury suffered by the defacto complainant, who was inside the house, though the injuries by themselves are not very serious or grievous. The learned Prosecutor points out that the case diary reveals that her version that stone entered the house, is clearly indicated by the materials presently available. The petitioners have been named in the F.I.R. In these circumstances the learned Prosecutor submits that the petitioners B.A.No. 114 of 2007 3 may be directed to surrender before the Investigating Officer or the learned Magistrate and then seek regular bail, submits the Prosecutor. 4. I find merit in the opposition by the learned Prosecutor. I agree with the learned Prosecutor that this 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 ordinary 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 tm