IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 459 of 2008() ---------------------------- CRIME NO. 344/07 OF CHELAKKARA POLICE STATION .................... PETITIONER/ACCUSED --------------------------- VENUGOPALAN, AGED 43 YEARS, S/O. SUBRAMANIAN CHETTIYAR, CHETTITHERUVU DESOM, CHELAKKARA VILLAGE, TALAPPILLY TALUK. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 459 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable under Sections 307 and 447 I.P.C. The crux of the allegations is that on 21.12.2007 the petitioner caused multiple serious injuries, including fractures, to the injured/victim, the father of the informant. On account of prior animosity arising from a boundary dispute between the neighbours, the petitioner is alleged to have assaulted the victim with dangerous iron pipe causing injuries, including multiple fracture of temporal bone and also mandible fracture. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. There is a case and counter case registered about the same incident. The counter case is filed under Sections 324 and 447 I.P.C. Allegation under section 307 B.A.No. 459 of 2008 2 I.P.C. has been included against the petitioner solely with vexatious intent. The prosecution is suppressing the fact that the two cases are in the nature of a case and counter case with the sole intention of vexing and harassing the petitioner. It is prayed that anticipatory bail may be granted to the petitioner. 3. The learned Prosecutor contends that it is not correct to say that the cases are in the nature of case and counter case. The earlier incident would be the motive for the present crime. The learned Prosecutor submits that there is a difference of half an hour separating the incidents. 4. Considering the nature of contentions raised, the learned Prosecutor was requested to make the case diary in both cases available for my perusal. I have perused the same. Having perused the records, I find merit in the contention of the learned counsel for the petitioner that at this stage it cannot be stated with certainty that the two incidents are distinct and separate incidents. It appears that the contention of the petitioner that the cases are in the nature of case and counter case has force. B.A.No. 459 of 2008 3 5. However, I take note of the injuries suffered by the victim and the nature of the weapon used for the commission of the offence. There is fracture of the temporal bone as well as mandible bone. Multiple injuries are suffered by the victim. In these circumstances, 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 petitioner. Even accepting that the two cases are in the nature of case and counter case, the nature of the injuries and the fractures suffered do convey to me that the inclusion of Section 307 I.P.C. is not unjustified and it cannot be contended that the said section was included with vexatious intent. This I am satisfied is a fit case where the petitioner 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 ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice B.A.No. 459 of 2008 4 to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm