IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 7973 of 2007() ----------------------------- CRMP.2600/2007 of DISTRICT COURT, KOTTAYAM CRIME NO.29/2006 OF EATTUMANOOR POLICE STATION .................... : PETITIONER/5TH ACCUSED --------------------------------------- SIJU P.S., AGED 23 YEARS, S/O. SUKUMARAN, PLAKKIYIL HOUSE, PERUMBAICADU PO., PERUMBAICADU VILLAGE. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: COMPLAINANT & STATE -------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7973 of 2007 ---------------------------------------- Dated this the 18th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the fifth accused. Altogether there are five accused persons arrayed now. Accused 2,3 and 4 have already been arrested. The petitioner has not been arrested. Investigation is in progress. The petitioner apprehends imminent arrest. 2. On 17/01/2006, three miscreants had allegedly trespassed into the shop of the de facto complainant. The de facto complainant as well as an employee of his were assaulted and injuries were suffered by them. The three accused persons could not be identified. The details of the miscreants are not known. Later the investigation revealed the complicity of accused 3,4 and 5 as the persons who had attacked the victims. Accused 1 and 2 had allegedly arranged and facilitated the attack. Two persons suffered injuries. Fracture has been suffered also. Investigation is in progress. Crime is registered under Sections 452, 326 and 308 I.P.C. The petitioner apprehends imminent arrest. B.A.No.7973/07 2 3. According to the petitioner, he is absolutely innocent. He was not one of the miscreants at all. False allegations are being raised against him. He may, in these circumstances, be granted anticipatory bail, it is prayed. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the available indications point to the culpability of the petitioner/fifth accused. He was present along with two others and had actually inflicted the injuries on the victims. There are no circumstances whatsoever to doubt or suspect the case of the prosecution now. The petitioner is not entitled to grant of anticipatory bail. He may be directed to appear before the investigating officer or the learned Magistrate and then seek regular bail, submits the learned Public Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The learned Public Prosecutor points out that the materials available clearly point to the complicity of the B.A.No.7973/07 3 petitioner as one of the three persons along with accused 3 and 4 who had allegedly mounted an attack on the victims without any provocation and at the instructions and instigation of the other accused. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 6. In the result, this petition is dismissed. Needless to say, if the 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. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.7973/07 4 B.A.No.7973/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007