IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 113 of 2008() ---------------------------- CRIME NO.351/07 OF KATTOOR POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. RENJITH T.R.(21 YEARS), S/O RAMAKRISHNAN, THEKKETHALACKAL HOUSE, EDATHIRINJHI P.O., THRISSUR DIST. 2. AKHIL GOPI(23 YEARS), S/O GOPI, PERINCHERY HOUSE, EDATHIRINJHI P.O., THRISSUR DISTRICT. 3. BIBIN(18 YEARS), S/O BALAN, THEPPURATH HOUSE, EDATHIRINJHI P.O., THISSUR DISTRICT. BY ADV. SRI.N.KRISHNANKUTTY PILLAI RESPONDENTS: ------------- 1. THE S.I. OF POLICE, KATTOOR POLICE STATION, KATTOOR, THRISSUR. 2. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT, THRISSUR. 3. THE STATE OF KERALA, RPRESENTED BY THE PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICER, HIGH COURT, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.113 of 2008 ------------------------------------- Dated this the 11th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 4, 5 & 2 respectively. Altogether there are 12 accused persons. They face allegations for offences punishable under Section 308 I.P.C. Accused 1, 3, 6 & 7 have already been arrested and enlarged on bail, it is submitted. The crux of the allegations is that the petitioners together came in a group in vehicles. They enquired for one Paramasivam and they thereafter unleashed an attack on the victims. 4 persons have suffered injuries. Iron rods are the weapons used. Allegations are raised of offences punishable, inter alia, under Section 308 I.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that, in fact, this incident was a sequel to group clashes within the C.P.M. Totally false and vexatious allegations are being raised against the petitioners. They may be granted anticipatory bail. The inclusion of the offence under Section 308 I.P.C is itself suggestive of the mala fide motives of the police who are succumbing to B.A.No.113 of 2008 2 pressure from the political groups having clout with the police, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out that all the petitioners are named in the F.I.R. 4 persons have suffered injuries. The injuries described in the wound certificate have been read over to me. The learned Public Prosecutor submits that there is absolutely nothing at the moment to assume that the allegations are false or are raised with vexatious intent. It is for the petitioners to appear before the learned Magistrate having jurisdiction or the Investigating Officer and then seek regular bail in the normal and usual course. There are no circumstances justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. I find merit in the opposition by the learned Public Prosecutor. Having considered the nature of the attack, the weapons used for the attack and the nature of injuries suffered, I am not satisfied that there are any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. B.A.No.113 of 2008 3 5. This, I am satisfied, is a fit case where the petitioners must appear before the learned Magistrate having jurisdiction or the Investigating Officer and then seek bail in the regular and usual course. 6. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioners surrender before the Investigating Officer or the learned Magistrate and apply 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 and expeditiously. (R.BASANT, JUDGE) rtr/-