IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 675 of 2008() ---------------------------- CRIME NO. 33/08 OF ARANMULA POLICE STATION PETITIONER/1ST ACCUSED --------------------------------------- HARISH KUMAR, MEMURICKAL VEEDU, NARANGANAM MURI & VILLAGE. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE S.I. OF POLICE, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 675 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offenes punishable, inter alia, under Section 308 I.P.C. On account of political animosity, the accused persons had allegedly attacked the victim, who switched loyalty to the RSS DYFI. The incident took place on 12.1.2008. With a chopper the petitioner is alleged to have inflicted an injury on the head of the victim. Crime has been registered. The petitioner is named in the F.I.R. Investigation is in progress. He apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The second accused has already been deleted from the array of accused and third accused, who has surrendered, has already been enlarged on bail. The petitioner may in these circumstances be granted anticipatory bail, prays the learned counsel. B.A.No. 675 of 2008 2 3. The learned Prosecutor opposes the application. The nature of the motive entertained as also the nature of the weapon used dis-entitle the petitioner to claim anticipatory bail. He may be directed to appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course, submits the learned Prosecutor. 4. Having considered all other relevant circumstances, I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This, I agree with the learned Prosecutor, is a fit case where the petitioner must be directed to appear before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned B.A.No. 675 of 2008 3 Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm