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. 1059 of 2008() ----------------------------- CRIME NO.399/07 OF IDUKKI POLICE STATION PETITIONER/ACCUSED NO.1 ---------------------------------------- THOMAS, AGED 58, KEERAM CHIRAYIL HOUSE, UPPUTHODU KARA, UPPUTHODU VILLAGE. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS: COMPLAINANT ------------------------ STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR 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. 1059 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused in a crime registered alleging commission of the offences punishable, inter alia, under Sections 307 and 326 I.P.C. Initially allegations were raised only under Section 307 I.P.C. In the course of investigation Section 326 I.P.C. has also been included. The co-accused is none other than his wife. She has been granted anticipatory bail as per order dt. 28.1.2008 in B.A. 328 of 2008. Facts have been adverted to in detail in that order. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. 2. The learned counsel for the petitioner submits that the incident is not disputed, but it is not a case where the petitioner and his wife were the aggressors. They were innocent victims of aggression. The defacto complainant has questionable criminal antecedents. It is actually he who has allegedly mounted an B.A.No. 1059 of 2008 2 attack on the petitioner and his wife. The allegations raised are totally unjustified. Raising of allegation under Section 307 I.P.C. reveals want of bonafides. There is a civil disputes between the parties. There are several litigations prior to this incident and subsequent to this incident between the parties. The petitioner and his wife had also suffered injuries in the course of the same incident. No crime has been registered in respect of the said injuries suffered by the petitioner and his wife so far. The petitioner, in these circumstances, prays that anticipatory bail may be granted to the petitioner. 3. The learned Prosecutor opposes the application. He submits that the contumacious and culpable role of the petitioner is significantly different from the role alleged against his wife. The fact that anticipatory bail has been granted to the wife of the petitioner is no reason to justify the invocation of such extra ordinary equitable discretion in favour of the petitioner herein. The allegations reveal that the petitioner had mounted a deliberate and intentional attack with a dangerous weapon on the defacto complainant and his wife. Serious injuries have been suffered also. I have been taken through the wound B.A.No. 1059 of 2008 3 certificate, which reveals that serious injuries have been suffered by the victims. 4. On an anxious consideration of all the relevant inputs, I am not persuaded to agree that there are any circumstances justifying or warranting the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This, I agree with the learned Prosecutor, is a fit case where the petitioner must be directed to appear 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 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 B.A.No. 1059 of 2008 4