IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1481 of 2008() ----------------------------- CRIME NO. 54/08 OF VADANAPPILLY POLI E STATION PETITIONERS/ACCUSED ------------------------------------ 1. PRASAD, AGED 28 YEARS, S/O CHANDRAN, KANJIRATHINGAL HOUSE, P.O.THAMBANKADAVU, THALIKKULAM VILLAGE. 2. BINOY, AGED 28 YEARS, S/O BHASKARAN, THANDAYAMPARAMBIL HOUSE, P.O.THAMBANKADAVU, THALIKKULAM VILLAGE. 3. SANTHOSH, AGED 32 YEARS, S/O MADHAVAN, KARAYATTU HOUSE, P..THAMBANKADAVU, THALIKKULAM VILLAGE. 4. DILEEP, AGED 24 YEARS, S/O APPU, ARAKKAPARAMBIL HOUSE, P.O.THAMBANKADAVU, THALIKKULAM VILLAGE. 5. SUNEESH, AGED 21 YEARS, S/O SUKUMARAN, MEDEDATH HOUSE, P.O.THAMBANKADAVU, THALIKKULAM VILLAGE. 6. GIREESH, AGED 19 YEARS, S/O SUNDHARAN, POTTAKKATTU HOUSE, P.O.THAMBANKADAVU, THALIKKULAM VILLAGE. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1481 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 6. They face allegations in a crime registered alleging offences punishable, inter alia, under Section 326 r/w. 149 I.P.C. The petitioners belong to CPM. The defacto complainant and the injured originally owed allegiance to CPM and now the defacto complainant and followers have constituted another group. Political animosity is the alleged motive. G.I. pipe and bricks etc. were the weapons used. The injured have suffered breaking of teeth. All the petitioners are 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 innocent. Because of political animosity false allegations are being raised against them, it is contended. 3. The learned Prosecutor opposes the application. He submits that all the available indications clearly suggest the B.A.No. 1481 of 2008 2 complicity of the petitioners. Fracture of the tooth is clearly indicated. Allegation of common object of the unlawful assembly does also appear to be absolutely probable and acceptable now. In these circumstances there is no necessity or justification to invoke the discretion under Section 438 Cr.P.C. in favour of the petitioners, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners. This I agree with the learned Prosecutor, is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must B.A.No. 1481 of 2008 3 proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm