IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1712 of 2008() ----------------------------- CRIME NO.466/07 OF KORATTY POLICE STATION PETITIONER/1ST ACCUSED --------------------------------------- SAID @ SADAC, AGED 26 YEARS, CHEMBAD HOUSE, ERAYAMKUDY DESOM, KALOOR, THEKKUMMURI VILLAGE. BY ADV. SRI.C.D.JOHNY RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, KORATTY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1712 of 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. Altogether, there are 7 accused persons. Only the petitioner is named in the F.I.R. Accused 2 to 7 have already been arrested and enlarged on bail also. Investigation is in progress. The petitioner has not been arrested so far. He apprehends imminent arrest. The alleged incident took place on the night of 25/11/07. The learned Public Prosecutor points out that the de facto complainant/victim has suffered fracture of the right frontal bone. The petitioner is named in the F.I.R. All the available indications point to the complicity of the petitioner. In any view of the matter, the petitioner may not be granted anticipatory bail. He may be directed to surrender before the Investigating Officer or the learned B.A. No. 1712 of 2008 -: 2 :- Magistrate and seek regular bail in the ordinary course, submits the learned Public Prosecutor. 2. I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 3. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1712 of 2008 -: 3 :-