IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1469 of 2008() ----------------------------- CRMP.334/2008 of DISTRICT COURT, KALPETTA CRIME NO.23/08 OF KENICHIRA POLICE STATION .................... PETITIONER --------------------------- 1. SHIJU, PUTHENVEETTIL HOUSE, KALANADIKOLLY PO, PULPALLY, WAYANAD DISTRICT. 2. C.A.SAJEEVAN, VATTATHANI HOUSE, VALAVAYAL, IRULAM, S.BATHERY, WAYANAD DISTRICT. 3. J.V.BINU, S/O.VASU, JAYANTHI VILASAM, IRULAM, MANAVAYAL P.O., S.BATHERY TALUK, WAYANAD DISTRICT. 4. O.K.VINESH, OTTARATHIL HOUSE, MANAVAYAL P.O., S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH RESPONDENTS: COMPLAINANT ------------------------ STATE, STATION HOUSE OFFICER, KENICHIRA POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1469 of 2008 ------------------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4. They face allegations in a crime registered for offences punishable, inter alia, under Sec.308 read with Sec.34 of the IPC. There is one injured person. He has suffered multiple incised and lacerated wounds. Sword stick is the weapon allegedly used. Political animosity is the alleged motive. All the four petitioners are named in the F.I.R. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is prayed that anticipatory bail may be granted to the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no B.A. No. 1469 of 2008 -: 2 :- circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. in favour of the petitioners. The learned Public Prosecutor has taken me through the nature of the injuries suffered by the victim and the weapon used. The learned Public Prosecutor points out that the petitioners have criminal antecedents also. 4. Having considered all the relevant inputs, I am not persuaded to agree that there are any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I am satisfied, is a fit case where the petitioners must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary and normal course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the Investigating Officer or the learned Magistrate and seek bail, B.A. No. 1469 of 2008 -: 3 :- 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 . Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge