IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 229 of 2008() ---------------------------- CRMP.3730/2007 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. CRIME 118/07 OF NOORANAD POLICE STATION .................... PETITIONER/2ND ACCUSED --------------------------------------- KRISHNANKUTTY, AGED 47 YEARS, S/O.KOCHUKUNJU, VINOD BHAVANAM, CHUNAKKARA NADUVILE MURI, CHUNAKKARA VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 229 OF 2008 ```````````````````````````````````````````````````` Dated this the 16th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused. He faces allegations in a crime registered for offences punishable, inter alia, under Sections 326 and 307 IPC. The alleged incident took place on 15.4.07. With culpable intention the de facto complainant/victim was attacked with a chopper on his neck. Deep injuries were resulted. Crime has been registered. Petitioner is named in the FIR. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Learned Public Prosecutor points out that convincing indications available point to the complicity of the petitioner. There are no circumstances which would justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C, submits the learned BA.229/08 : 2 : Public Prosecutor. 3. I have considered all the relevant inputs. The nature of the injuries has been read over to me from the wound certificate. I have taken note of the nature of the weapon used also and am not at all satisfied that there are any circumstances justifying or warranting the issue of direction under Section 438 Cr.P.C. It is for the petitioner to surrender before the learned Magistrate or the investigating officer and then seek regular bail in the normal and ordinary course. 4. 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) aks