IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1163 of 2008() ----------------------------- CRIME 37/08 OF VALAPATTANAM POLICE STATION PETITIONER/ACCUSED 1. P.V.LAGESH, S/O.NARAYANAN, AGED 25 YEARS, SECRETARY, IRINAVE VANITHA GARMENTS, IRINAVE P.O., KANNUR DISTRICT. 2. T.CHANDRAN, S/O.KORAN, AGED 62 YEARS, PENSIONER, KALLIASSERI AMSOM, IRINAVE DESOM, P.O.IRINAVE, KANNUR DISTRICT. 3. P.P.SASI, S/O.KRISHNAN, AGED 40 YEARS, BILL COLLECTOR, IRINAVE SERVICE CO-OP.BANK LTD., P.O.IRINAVE, KANNUR. 4. K.V.SHYNESH, S/O.RAMAKRISHNAN, AGED 30, BILL COLLECTOR, DO. 5. M.UNNIKRISHNAN, S/O.KUMARAN, AGED 30 YEARS, PEON, DO. 6. P.MAHESH, S/O.KUNHIRAMAN, AGED 40 YEARS, NIGHT WATCHMAN, DO. 7. C.DAMODARAN, S/O.APPU, AGED 50 YEARS, COOLI, MATTOOL AMSOM, MADAKKARA DESOM, P.O.IRINAVE. 8. K.RATHEESH, S/O.NARAYANAN, AGED 26 YEARS, CARPENTER, KALLIASSERI AMSOM, IRINAVE DESOM, P.O.IRINAVE, KANNUR DT. 9. K.V.VIJESH, S/O.VIJAYAN, AGED 20 YEARS, STUDENT, KALLIASSERI AMSOM, IRINAVE DESOM, P.O.IRINAVE, KANNUR DT. BY ADV. SRI.P.M.PAREETH RESPONDENTS: STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1163 OF 2008 C ```````````````````````````````````````````````````` Dated this the 26th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 6 and 9 to 11. Crime was registered for offences punishable, inter alia, under sections 326 and 308 read with 149 IPC. The alleged incident took place on 10.1.08. The victims belong to the NDF and the petitioners allegedly belonging to the CPI(M). Political animosity is the alleged motive. There is only one victim. He has suffered injuries including grievous injuries/fractures. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that allegations have been narrated in the F.I.Statement. Altogether there are 11 accused persons. Investigation revealed that accused Nos.2 and 8 are the same person BA.1163/08 : 2 : described twice. Accused No.7 has not come before this Court as a petitioner. Investigation is in progress. The learned Public Prosecutor submits that there are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners. 3. I have considered all the relevant inputs. The nature of the injuries suffered has been read over to me from the wound certificate. After having rendered my anxious consideration to the relevant inputs, I am satisfied that there are no features in this case which would justify 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 in the normal and ordinary course. 4. In the result, this petition is dismissed. Needless to BA.1163/08 : 3 : say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks