IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1283 of 2008() ----------------------------- CRIME NO.119/2008 OF KAYAMKULAM POLICE STATION : PETITIONER/A1 TO A3 ------------------------------------ 1. SHAJI, AGED 33 YEARS, S/O.SAHADEVAN, KOLADATHU PADEETTATHIL, CHERAVALLY, KAYAMKULAM. 2. BIJESH, AGED 24 YEARS, S/O.BAHULEYAN, OTTATHENGIL KIZHAKKETHIL, CHIRAKKADAVOM MURI, KAYAMKULAM VILLAGE. 3. ANU, AGED 24 YEARS, S/O.VISWANATHAN, KUTTIKKATTU VALAYIL, CHIRAKKADAVOM, KAYAMKULAM VILLAGE. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1283 of 2008 ---------------------------------------- Dated this the 3rd day of March 2008 O R D E R Application for anticipatory bail. Petitioners apprehend arrest as accused in crime No.119/08 of Kayamkulam police station registered alleging offences punishable inter alia under Section 452 I.P.C. That, it is submitted, is the only non-bailable offence alleged in that crime. Political animosity is the alleged motive. The first accused, along with some others had allegedly trespassed into a residential building and had indulged in the alleged overt acts. The learned Public Prosecutor submits, as against the first accused, there are as many as seven other crimes. 2. The application of the first accused/petitioner is opposed; but the learned Public Prosecutor submits that petitioners 2 and 3 have not been arrayed as accused so far in this crime. Police have no intention to arrest them. In case their arrest is found necessary at a later stage, necessary prior information shall be given to them and the prior permission of this court shall be taken. In these circumstances, this petition in so far it relates to petitioners 2 and 3 may be dismissed. Prayer for anticipatory bail of the first petitioner may be dismissed on merits, submits the learned Public Prosecutor. B.A.No.1283/08 2 3. I have considered all the relevant inputs. I am satisfied that in so far as petitioners 2 and 3 are concerned, the undertaking of the learned Public Prosecutor can be taken note of and recorded and the petition dismissed. In so far as the prayer of the first petitioner is concerned, I am persuaded to agree that there are no features which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 4. In the result, petition in so far as petitioners 2 and 3 are concerned, is dismissed after taking note of the undertaking of the learned Public Prosecutor. The petition in so far as the first petitioner is concerned is dismissed. Needless to say, if the first 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. Hand over copy of this order to the learned Public Prosecutor. (R.BASANT, JUDGE) jsr B.A.No.1283/08 3 B.A.No.1283/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007