IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 774 of 2008() ---------------------------- CRIME 508/07 OF KORATTY POLICE STATION PETITIONER/ 2ND ACCUSED ---------------------------- VINOBAI, S/O.VIJAYAN, KOPPY HOUSE KONNOOR, KORATTY, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.RAJAN VELLOTH RESPONDENTS: STATE ------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 774 OF 2008 F ```````````````````````````````````````````````````` Dated this the 8th day of February, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging commission of offences punishable, inter alia, under sections 452 and 324 IPC. The petitioner, along with the co-accused, had allegedly trespassed into a Bar and unleashed an attack on the members of the staff in the Bar. The alleged incident took place on 23.12.07. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor opposes the application. There are no circumstances justifying or warranting the invocation of the extraordinary equitable BA.774/08 : 2 : discretion under section 438 Cr.P.C., submits the learned Public Prosecutor. 4. 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 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 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) aks