IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1702 of 2008() ----------------------------- CRIME NO.101/07 OF VADANAPPILLY POLICE STATION PETITIONERS : ACCUSED 1 TO 5: --------------------------------- 1. SHANIL, AGED 32 YEARS, S/O.KRISHNAN, MEMBATTI HOUSE, P.O.THAMPANKKADAVU, THALIKKULAM, THRISSUR. 2. JIJESH, AGED 24 YEARS, S/O.PRAKASHAN, PULIKKAN HOUSE, CHERKKARA, P.O.THALIKKULAM, THRISSUR. 3. SHANU @ CHINEESE SHANU, AGED 19 YEARS, S/O.SHAJAHAN, KUNNAN KAKKASSERY HOUSE, KOPRAKKALAM, THALIKKULAM, THRISSUR. 4. HEELUMUMBA @ KUTTY AGED 36 YEARS, S/O.GOPI, VALLULISSERY HOUSE, P.O.THAMPANKKADAVU, THALIKKULAM, THRISSUR. 5. SHAM NATH, AGED 25 YEARS, S/O.RAMNATHAN, CHEKKAMTHAN HOUSE, P.O.THAMPANKKADAVU, THALIKKULAM, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VADANAPPILLY POLICE STATION, (CRIME NO.101 OF 2007 VADANAPPILLY, THRISSUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1702 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 to 5. Altogether there are 5 accused persons. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sections 307 and 120 B I.P.C. Sword, broken glass pieces, Idikkatta etc. were the weapons used. Political animosity is the alleged motive. The victim had suffered serious injuries. The alleged incident took place on 07.02.08. Only the 1st accused is named in the F.I.R. The identity of the co-accused were ascertained in the course of investigation. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is submitted that, in any view of the matter, the allegation under Section 307 I.P.C is not justified. The petitioners may be granted anticipatory bail. The defacto complainant has now switched over loyalty back to the C.P.M. He therefore has political clout. It is because of such clout, that fanciful allegations are now being raised against the petitioners, it is submitted. B.A.No.1702 of 2008 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the victim had suffered serious injuries. The nature of injuries described in the wound certificate has been read over to me. The learned Public Prosecutor submits that there are no circumstances whatsoever justifying the invocation of the jurisdiction under Section 438 Cr.P.C. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor . 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. 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/-