IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7938 of 2007() ----------------------------- CRIME NO. 240/07 OF VANDANMEDU POLICE STATION PETITIONER/A3: ---------------------------- GIGIN CHACKO, S/O. CHACKO, KANNOTTAYIL HOUSE, CHELLARKOVIL P.O., CHELLARKOVIL, ANAKKARA, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE: ------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7938 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the third accused. He, along with the co-accused, faces allegations of having committed the offence punishable, inter alia, under Section 326 r/w. 149 I.P.C. The alleged incident took place at 11 p.m. on 14.10.2007. About that incident a case and counter case have been registered. 2. The co-accused (A4 to 11) had come before this Court seeking anticipatory bail and by order dt. 14.11.2007 in B.A. 6775 of 2007 the said application was dismissed by this Court. I have adverted to the facts in detail in the earlier order referred above. I am hence not adverting to facts in any greater detail in this order. This order must be read in continuation of the said earlier order. 3. I do not in the facts and circumstances of this case find any need to distinguish between the said accused persons and the petitioner in the matter of grant of anticipatory bail. The learned B.A.No. 7938 of 2007 2 counsel for the petitioner submits that the petitioner is a student, has just completed the age of 18 years and no overt act has been alleged against him. Those circumstances do not persuade me to make any distinction between the petitioner herein and the other co-accused in the matter of grant of anticipatory bail. 4. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for regular 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