IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 70 of 2008() --------------------------- CRIME NO.609/07 OF THALASSERY POLICE STATION .................... : PETITIONERS/ACCUSED NO.1,3 & 4 ----------------------------------------------- 1. K.V.SUDHIKANT, S/O. RAGHAVAN, AGED 36 YEARS, NO OCCUPATION, RESIDING AT SEA VIHAR, GOPALPET, THALASSERY, THALASSERY TALUK, KANNUR DISTRICT. 2. K.SIVADASAN, S/O. BHASKARAN, AGED 47 YEARS, SOCIAL WORKER, RESIDING AT 'ASHWAS', P.O.NITTUR, THALASSERY, THALASSERY TALUK, KANNUR DISTRICT. 3. C.P.PRASEEL BABU, S/O. ACHUTHAN, AGED 37 YEARS, SELF EMPLOYED, KUNIYIL HOUSE, P.O.TEMPLE GATE, THALASSERY, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.70 of 2008 ------------------------------------- Dated this the 9th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1, 3 and 4. 4 persons identifiable by sight and 100 students are shown as accused. The crux of the allegations is that the accused persons were members of an unlawful assembly that trespassed into the office of the Headmaster of a Government High School and indulged in acts of mischief and violence causing simple injury to the Headmaster as also damage to Government properties. They allegedly deterred the Headmaster from the due discharge of his official work. Crime has been registered. Investigation is in progress. The petitioners are named in the F.I.R. They apprehend imminent arrest. 2. The learned counsel for the petitioners submits that between the P.T.A and the local sympathizers to the congress party, there were some disputes. Admittedly because of such disputes, activists of the congress party are being unnecessarily and vexatiously arrayed as accused. The petitioners are willing to abide by any conditions. They may be granted anticipatory bail, it is prayed. B.A.No.70 of 2008 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the miscreants had indulged in wanton acts of violence. There is no reason to assume that the Headmaster of the school is making false complaint against the petitioners. At any rate, this is a fit case where the petitioners must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. There is nothing to even remotely suggest that the allegations are vexatiously raised, submits the learned Public Prosecutor . 4. I have considered all the relevant inputs. At this early stage of investigation, I shall not embark on any detailed discussions about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am unable to perceive any features 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 surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No.70 of 2008 3 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. (R.BASANT, JUDGE) rtr/-