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. 898 of 2008() ---------------------------- CRIME NO.14/08 OF KILIKOLLOOR POLICE STATION PETITIONER/ACCUSED 2 AND 3 ------------------------------------------- 1. NISHAD, NOUSHAD MANZIL,KANNIMEL CHERRY KILLIKOLLOOR, KOLLAM. 2. NOUSHAD,NOUSHAD MANZIL,KANNIMEL CHERRY KILLIKOLLOOR, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. 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. 898 OF 2008 ------------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for anticipatory bail. The petitioners are accused 2 and 3. Altogether, there are 6 accused persons. They face allegations for offences punishable, inter alia, under Sec.27 of the Arms Act and Secs.308 and 324 read with Sec.149 of the IPC. The alleged incident occurred on 10/1/08. The crux of the allegations is that on account of animosity arising from a previous incident in which the de facto complainant had not given side to the vehicle of the accused to overtake him, all the accused persons in two motor-cycles went to the de facto complainant who was standing by the side of the road along with his friend. The miscreants, who were armed with dangerous weapons, including swords, unleashed an attack against the de facto complainant and his friend. B.A. No. 898 OF 2008 -: 2 :- They suffered injuries, allegedly serious though not grievous in law. An F.I.R. has been registered. The petitioners were named in the F.I.R. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They have nothing to do with the incident in question. They are friends of the 1st accused who happens to be on the wrong side of the political equation. They allegedly belong to the dissident group in the ruling party. Making use of the clout which the de facto complainant has with those in power, totally false and vexatious allegations are being raised against the petitioners, it is urged. It is prayed that anticipatory bail may be granted to the petitioners subject to appropriate terms and conditions. The injuries suffered are not serious. The inclusion of the allegation under Sec.308 of the IPC conveys eloquently the real motive of the de facto complainant and his mentors. 3. The learned Public Prosecutor opposes the application. B.A. No. 898 OF 2008 -: 3 :- The learned Public Prosecutor points out that the petitioners are named in the F.I.R. Except the vague statements about the political clout of the de facto complainant, there is nothing to show that the petitioners are proceeded against on account of the political clout of the de facto complainant. The learned Public Prosecutor has read over to me the nature of the injuries described in the wound certificate. The learned Public Prosecutor submits that there are no circumstances warranting or justifying the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. 4. I have considered all the relevant inputs. I am persuaded to agree that there is merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is an eminently fit case where the petitioners must resort to the normal and ordinary course of appearing before the Investigating Officer B.A. No. 898 OF 2008 -: 4 :- or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the Investigating Officer or the learned Magistrate and seek 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 and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge