IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1720 of 2008() ----------------------------- CRMP.486/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.43 OF 2008 OF POOCHAKKAL POLICE STATION .................... : PETITIONERS/ACCUSED NOS.3,4,7 TO 9: ---------------------------------------------------- 1. HASHIM, AGED 42 YEARS, S/O. MOHAMMED ALI, THYCHIRAYIL, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL. 2. ABDUL SHUKOOR, AGED 40 YEARS, S/O. MOHAMMED ALI, THYCHIRAYIL, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL. 3. PARTHASARATHY, AGED 55 YEARS, S/O. ANANDAN, NADUVILAZHATHU PUTHEN PURA, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL. 4. VASU, AGED 60 YEARS, MUKKUVASSERY, POOCHAKKAL P.O., CHERTHALA. 5. MANIYAN, AGED 51 YEARS, S/O. NARAYANAN, DAIVAPARAMBIL, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: ------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.43 OF 2008 OF POOCHAKKAL POLICE STATION). BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1720 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 3, 4 and 7 to 9 in a crime registered alleging offences punishable, inter alia, under Sections 452 and 332 I.P.C and Section 3(2) of the P.D.P.P Act. The alleged incident took place on 19.02.08. That was a day of hartal declared by the opposition parties. It is alleged that the petitioners were members of an unlawful assembly of persons who in furtherance of the common object of the unlawful assembly marched into the K.S.E.B office and indulged in wanton acts of mischief and violence within the office of the K.S.E.B. Investigation is in progress. The petitioners apprehend imminent arrest. Some of the co-accused allegedly have specific overt acts raised against them. They surrendered before the learned Magistrate and they have been enlarged on bail. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They are active political functionaries. They have been unnecessarily brought on the array of accused. The petitioners may now be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. B.A.No.1720 of 2008 2 The learned Public Prosecutor submits that wanton acts of violence and mischief were resorted to and damage and destruction were caused to the public office. In any view of the matter, the petitioners may be directed to surrender before the learned Magistrate having jurisdiction or the Investigating Officer and then seek regular bail. No circumstances exist justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C, submits the learned Public Prosecutor . 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I find no features available in this case which can justify or warrant 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 petitioners must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 5. 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. B.A.No.1720 of 2008 3 (R.BASANT, JUDGE) rtr/-