IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 196 of 2008() ---------------------------- CRIME NO.537/2007 OF KADAKKAL POLICE STATION PETITIONER/ACCUSED: ----------------- SAUDA BEEVI,AGED 50 YEARS,D/O.SHAHUL HAMEED,REGINA MANZIL,PEZHUMOODU MANNARKONAM NJATTDIKONKAL,CHITHARA VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.PREMCHAND R.NAIR SRI.GEORGE BRISTON RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE,KADAKKAL POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.196 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations in a crime registered for offences punishable inter alia under Section 308 I.P.C. A neighbour of the petitioner had come to her compound for collecting a cricket ball which was hit into that compound. There was long standing animosity between the neighbours. The petitioner allegedly had attacked such person with a chopper inflicting two serious injuries on the victim. The alleged incident took place on 20/12/2007. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner, a woman, is absolutely innocent. There was no attack on the victim. The victim had tried to run away from the compound by climbing over the wall. He had fallen and suffered injuries. The petitioner had not in any way attacked him. The petitioner may, in these circumstances, be granted anticipatory bail, it is prayed. B.A.No.196/08 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all the available inputs clearly show that the injuries suffered were the result of deliberate infliction with a dangerous weapon with the requisite contumacious intention. At any rate, there are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The petitioner may be directed to surrender before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. No indications appear to be available to suggest or probabilise the theory that the victim had fallen from the wall and suffered injuries. 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. B.A.No.196/08 3 5. 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.196/08 4 B.A.No.196/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007