IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 600 of 2008() ---------------------------- CRIME 1392/07 OF ANGAMALY POLICE STATION .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- SIMON, AGED 40 YEARS, KAREDATHU HOUSE, KOOTTALA AMBALAM BHAGOM, MOOKKANNOOR VILLAGE, ALUVA TALUK. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANGAMALY. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 600 OF 2008 F ```````````````````````````````````````````````````` Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner is the first accused. Altogether there are six accused persons. The petitioner is named in the FIR. Five others not named but identifiable on sight are arrayed as the remaining accused in the FIR. The alleged incident took place on 2.12.07 at about 10.30 pm in front of the house of the first accused. The prosecution alleges that the de facto complainant and the first accused had certain disputes. The de facto complainant was invited to go over to the house of the first accused to settle the quarrel and when he was so proceeding to the house of A1, the de facto complainant was allegedly attacked by a group of persons including the petitioner herein/the first accused armed with dangerous weapons. Fracture of the radius and the chopping off of the tip of the right finger of the de facto complainant are the alleged injuries. Investigation is in progress. The petitioner apprehends imminent arrest. BA.600/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In fact, he was the victim of the aggression and not the aggressor. The de facto complainant had come to the scene of occurrence along with some other miscreants and unleashed an attack on the petitioner and others. That is the real and true incident which had taken place. In respect of that crime, another crime - a counter case has been instituted alleging offences punishable, inter alia, under section 324 IPC against the de facto complainant and eight others. In these circumstances, anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor opposes the application. He submits that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. There is no reason to doubt or suspect the version advanced by the de facto complainant in this crime. Serious injuries have been suffered by the de facto complainant. The petitioner may be directed to surrender and seek regular bail in the ordinary BA.600/08 : 3 : course, it is submitted. 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 would justify or warrant 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 in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks