IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 933 of 2008() ---------------------------- CRIME 73/08 OF HOSDURG POLICE STATION PETITIONER/ ACCUSED; ------------------------- SHIHAB.T., AGED 28 YEARS, S/O.SAINABA, OZHINHAVALAPPU, HOSDURG TALUK. BY ADV. SRI.T.MADHU RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 933 OF 2008 ```````````````````````````````````````````````````` Dated this the 18th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. Altogether there are three accused persons. The crux of the allegations against the accused persons is that they compelled the de facto complainant, a boy aged about 17 years, to have unnatural sexual intercourse with them. He resisted. He was then attacked. He suffered an injury which was inflicted on him by a broken beer bottle. The alleged incident took place on 28.1.08. He was taken to his house by the local people who heard the commotion. Crime was registered later, after recording the statement of the victim at the hospital. All the three accused persons including the petitioner herein are named in the FIR registered on 30.1.08. Investigation is in progress. The petitioner apprehends imminent arrest. BA.933/08 : 2 : 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. He submits that there are no circumstances justifying or warranting the invocation of jurisdiction under section 438 Cr.P.C. 4. 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 the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 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. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer BA.933/08 : 3 : 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) aks