IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 513 of 2008() ---------------------------- CRIME NO.829/07 OF THRISSUR EAST TOWN POLICE STATION .................... PETITIONER/ACCUSED NO.3 IN CRIME NO.829/2007 ------------------------------------------------------------- SHAJEER, AGED 27 YEARS, POLICE CONSTABLE, S/O.MUHAMMED SALEEM, PANIKKASSERY HOUSE, METRO STREET, ENGINEERING COLLEGE P.O., THRISSUR. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SMT.R.BEENA RESPONDENTS: COMPLAINANT IN CRIME NO.829/2007 --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 513 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the third accused. Altogether there are six accused persons. Accused 2, 4, 5 and 6 have already been arrested and enlarged on bail. The crux of the allegations is that in connection with the petitioner's marriage a bachelors party was arranged and several persons had participated in it. In such party, it is alleged that, illicit liquor was served. The petitioner is alleged to be responsible for such use of illicit liquor in the party. He is a police constable. One of the police constable, who consumed such liquor, expired. A crime under Section 174 I.P.C. was registered. Another person who consumed such liquor took ill seriously. The premises were searched. 0.5 litres of arrack was allegedly seized from the premises. Investigation is in progress. The petitioner apprehends imminent arrest. B.A.No. 513 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is innocent. In any view of the matter, the petitioner, who was only the bridegroom could not be attributed with the responsibility for bringing liquor for the party. A lenient view may be taken and the petitioner may be granted anticipatory bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the petitioner may also be directed to, like the other co-accused, resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate and then seek regular bail in the ordinary course. 4. Having considered all the relevant inputs, I am satisfied that there are no features in this case, which would justify or warrant the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This, I agree with the learned Prosecutor, is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the B.A.No. 513 of 2008 3 learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm