IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2429 of 2008() ----------------------------- CRMP.589/2008 of ADDL.SESSIONS COURT-I,MAVELIKKARA CRIME NO.52/2008 OF THIRUKUNNAPUZHA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------------- 1. SHAFI, S/O. LATE FAKRUDDIN, AGED 28 YEARS, NALUTHENGIL, ARATTUPUZHA, (VIA) THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. (A1) 2. VAHAB, S/O. LATE FAKRUDDIN, AGED 32 YEARS, NALUTHENGIL, ARATTUPUZHA, (VIA) THRIKKUNNAPUZHA, ALAPPUZHA DISTRICT. (A2) BY ADV. SRI.A.MOHAMMED RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- B.A. NO. 2429 OF 2008 --------------------- Dated this the 25th day of April, 2008 ORDER This bail application is filed under Section 438 Cr.P.C. Petitioners are alleged to have committed offences punishable under Sections 341, 324, 354 and 308 read with Section 34 IPC. The alleged victim in this case is a women, who is the President of a Grama Panchayat. The allegation is that she has been manhandled in public at the instance of her political opponents. 3. I feel the extra ordinary jurisdiction under section 438 Cr.P.C. cannot be invoked in this case because it will go very much against the deep-rooted spirit of democracy in our country. Section 438 Cr.P.C. is intended only with an intention to save the innocent and not to circumvent the law and procedure. Therefore I decline jurisdiction. The bail application is dismissed. M.N.KRISHNAN, JUDGE vps