IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7977 of 2007() ----------------------------- CRIME NO. 388/07 OF VALIYATHURA POLICE STATION .................... PETITIONERS/ACCUSED 2,4 & 5 -------------------------------------------- 1. RAMESH, S/O VARGHESE, 19 YEARS, FISHERMAN COLONY, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. 2. KOCHU RAJAN, S/O THAMPI, 36 YEARS, FISHERMAN COLONY, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. 3. RAJAN, S/O VARGHESE, 20 YEARS, FISHERMAN COLONY, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SMT.GEETHA JOB(OZHUKAYIL) SMT.ZEENA S.FERNANDEZ SRI.SURESH WILFRED RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7977 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2, 4 and 5. It is submitted that the 4th accused has expired after the filing of this petition. Accused 2 and 5 face allegations in a crime registered for offences punishable, inter alia, under Sections 308 and 324 r/w. 149 I.P.C. The alleged incident took place on 10.10.2007. Knife and chopper were the weapons used. Two persons had suffered injuries. One of them had suffered injuries with a sharp edged weapon. It is alleged that the defacto complainant's mother had earlier on that day filed a complaint against the accused persons. Infuriated by such conduct, the accused persons allegedly attacked the defacto complainant and providentially he escaped from serious injures. Investigation is in progress. All accused persons have been named in the F.I.R. They apprehend imminent arrest. B.A.No. 7977 of 2007 2 2. The learned counsel for the petitioners submits that the petitioners are innocent. A false complaint was filed by the mother of the defacto complainant against the accused on that morning, but that did not succeed in generating any action against the petitioners by the police. Because of that self inflicted injuries were caused and false complaint was filed against the petitioners, it is submitted. 3. The learned Prosecutor opposes the application. He has read over to me the nature of injuries suffered and the nature of the allegations raised. He submits that there are no features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioners. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I agree with the learned Prosecutor that this is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No. 7977 of 2007 3 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm