IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1381 of 2008() ----------------------------- CRIME NO.66/2008 OF KUMILY POLICE STATION : PETITIONERS ---------------------------- 1. BINOY,S/O.CHACKO, AGED 27 EENTHANACHALIL, AANAVILASOM PO,IDUKKI DISTRICT. 2. DEVASYA, S/O.JOSEPH VADAKKEDATH AANAVILASOM PO,IDUKKI DISTRICT. 3. BENNY CHACKO, S/O. CHACKO, EENTHANACHALIL,AANAVILASOM PO,IDUKKI DISTRICT. 4. ROBY JOHN, S/O.JOHN,KUMMANATHUCHIRAYIL AANAVILASOM PO,IDUKKI DISTRICT. 5. MATHEW JOSEPH,S/O.JOSEPH,PANTHAMAKKAL AANAVILASOM PO,IDUKKI DISTRICT. 6. BABU,S/O.JOSEPH,PARAPURATH AANAVILASOM PO,IDUKKI DISTRICT. 7. XAVIER,S/O.THOMAS, CHERUKUNNEL, AANAVILASOM PO,IDUKKI DISTRICT. 8. CHACKO JOSEPH,S/O.JOSEPH,PUTHIYAPARAMBIL AANAVILASOM PO,IDUKKI DISTRICT. 9. SONY,S/O.JOHN, THEKKUMKATTIL AANAVILASOM PO,IDUKKI DISTRICT. 10. BINOY,S/O.MATHEW,THEKKEMURIYIL, AANAVILASOM PO,IDUKKI DISTRICT. 11. JOHNSON,S/O.JOSEPH, KODIVEETTIL AANAVILASOM PO,IDUKKI DISTRICT. 12. KUNJUMON,S/O.GOPALAN,VANDANMAKKAL, AANAVILASOM PO,IDUKKI DISTRICT. BY ADV. SRI.P.C.CHACKO(PARATHANAM) SMT.ASHA P.KURIAKOSE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1381 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 12. Altogether there are twelve accused persons. They face allegations in a crime registered alleging offences punishable inter alia under Sections 326 and 452 read with 149 I.P.C. The alleged incident took place on 19/2/2008 at 4.45 p.m. The victim has suffered fracture of both bones in the forearm. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. This is a counter blast against Ext.P2 crime, i.e. crime number registered as 66/2008. The petitioners were not present at the scene of the crime. They were unnecessarily included because of political animosity. There was a call for harthal by the political party to which the petitioners owe allegiance. Only to vex and harass them such allegations have been raised. In any view of the matter, the petitioners may now be granted anticipatory bail, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that serious injuries have been suffered by the victims. The fact that B.A.No1381./08 2 Annexure A2 F.I.R was registered, there is no need to jump into any conclusion. There are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This petition may in these circumstances, be dismissed, it is prayed. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify 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 petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No1381./08 3 B.A.No1381./08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007