IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl.No. 2070 of 2008() ----------------------------- (CRIME NO.58 OF 2008 OF VADAKKEKARA POLICE STATION) .................... PETITIONERS: ---------------- 1. ARUN BABU,AGED 24 YEARS, S/O. BABU ATHIYARATH, KOTTUVALLYKKADU KARA, MOOTHAKUNNAM VILLAGE, PARAVUR. 2. SAJITH KUMAR,S/O.SANTHOSH, NEDIYARA KOTTUVALLYKKADU KARA, MOOTHAKUNNAM VILLAGE, PARAVUR. 3. ABIJEETH KUMAR,AGED 17 YEARS, S/O. SUDARSAN, VELIKKAKATH,KOTTUVALLYKKADU KARA, MOOTHAKUNNAM VILLAGE, PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO. 58 OF 2008 OF VADAKKEKARA POLICE STATION) BY PUBLIC PROSECUTOR, SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2070 OF 2008 C ```````````````````````````````````````````````````` Dated this the 8th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.3, 4 and 5. Altogether there are seven named persons and three others. The petitioners are named in the FIR. Accused 1 and 2 have already been arrested, it is submitted. Sword, iron rods and idikkatta are the weapons allegedly used by the accused for committing the offence. The petitioners belong to RSS. They had allegedly attacked the CPI(M) workers. Injuries including fracture have been suffered by the victim who belongs to the CPI(M). The alleged incident took place on 24.1.08. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The de facto complainant had misbehaved in a public function and, BA.2070/08 : 2 : therefore, this incident was dealt by the local people. Merely because they belong to the CPI(M), false allegations are raised against the workers of the RSS. It is only for that reason the petitioners are proceeded against in this crime, submits the learned counsel for the petitioners. 3. The learned counsel for the petitioners further submits that accused 3 and 4 are juveniles. They have not attained the age of 18 years. If they are entitled for grant of bail under the provisions of the Juvenile Justice Act, the petitioners can raise that plea before the officer who arrested them as also before the court whereupon the officer/court will be obliged to follow the procedure under the J.J. Act. 4. In any view of the matter, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that the petitioners do not deserve to be granted anticipatory bail. It is for the petitioners to surrender before the investigating officer or the learned Magistrate and then seek regular bail in the usual and ordinary course. BA.2070/08 : 3 : 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks