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. 1661 of 2008() ----------------------------- CRIME NO.199/08 OF THAMARASSERY POLICE STATION, KOZHIKODE : PETITIONERS/ACCUSED 3 & 4 ------------------------------------------ 1. HARIS.E.K., S/O.BHADARUDEEN, AGED 21 YEARS, EDATHUKUNNUMMEL, ELOKKARA, POST PUTHUPPADI, CALICUT. 2. SIRAJ.E.K., S/O.POKKER, AGED 21 YEARS, EDATHUKUNNUMMEL, ELOKKARA, POST PUTHUPPADI, CALICUT. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, THAMARASSERY POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008 ALONG WITH B.A.NO.1676 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.1661 and 1676 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER These are applications for anticipatory bail. About an incident which took place on 01.03.08, the rival contestants who constitute 2 groups within the Muslim community referred to as the E.K and the A.P group have raised allegations and counter allegations. The petitioners herein are accused 1, 2, 4 and 6. Altogether there are 9 accused persons. The crux of the allegations against the petitioners is that they had indulged in acts of mischief and violence when a meeting was going on. They had allegedly snatched away camera etc. from the persons present there and had escaped in a vehicle, it is alleged. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the crime in this case has been registered alleging offences punishable, inter alia, under Sections 323 and 394 r/w 149 I.P.C, whereas the crime against the defacto complainant in this crime has been registered only, inter alia, under Section 324 I.P.C. B.A.Nos.1661 and 1676 of 2008 2 There is no element of theft, robbery or dacoity. Allegation that the camera has been lost is being raised transparently with vexatious intent. Anticipatory bail may, in these circumstances, be granted to the petitioners, it is prayed. 3. The learned Public Prosecutor opposes the application. Both crimes are being properly investigated by the police. At any rate, the allegations against the petitioners are serious. There is specific allegations even in the F.I.R of forcibly snatching away of the valuable articles by the petitioners. In any view of the matter, the petitioners may not be granted anticipatory bail. Unless the thieved articles are recovered, an effective investigation is not possible. The petitioners may be directed to resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction. They may then be directed to seek regular bail, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. I shall scrupulously avoid any detailed discussion about the acceptability of the allegations or the credibility of the data collected. There are allegations that theft/robbery had been committed. F.I.R has been read over to me. Specific allegations are raised that the B.A.Nos.1661 and 1676 of 2008 3 camera had been snatched away and removed in a car. At the moment and with the available inputs, I am unable to sail to a saved conclusion that the allegations are totally false or are raised with vexatious intent. I am of the opinion that there are no features shown to available 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 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/-