IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1699 of 2008() ----------------------------- CRMP.769/2008 of DISTRICT COURT, PALAKKAD CRIME NO.60/08 OF KUZHALMANNAM POLICE STATION .................... PETITIONERS : ACCUSED: ------------------------- 1. HARIDAS, AGED 25 YEARS, S/O.VELAYUDHAN, POOLACKALPARAMBU, THANEERAMGAD, MATHUR, ALATHUR TALUK. 2. REMA ALIAS RAMESH, AGED 24 YEARS, S/O.PARU, RESIDING AT DO, DO. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: STATE: ------------------- 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 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1699 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 1 and 2. Altogether there are only 2 accused persons. Both the petitioners are named in the F.I.R. The alleged incident took place on 17.02.08. The petitioners face allegations in a crime registered alleging offences punishable under Sections 326 and 308 I.P.C. The petitioners belong to the C.M.P and the victims belong to the C.P.M. There are 2 injured persons. One of them has suffered fracture of the frontal bone. Wooden stick is the weapon allegedly used. There is a counter case also registered, in which the allegation is that the petitioners were attacked by the defacto complainant and others and one of the petitioners has suffered a cut injury on the left forearm. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are really victims of aggression and not aggressors. Because the defacto complainant belongs to the ruling political outfit, false and vexatious allegations are raised against the petitioners. In the crime registered against the defacto complainant only allegations under Section 324 I.P.C have been raised. Police is acting in a B.A.No.1699 of 2008 2 partisan manner and not independently. In these circumstances, it is prayed that directions under Section 438 Cr.P.C may be issued in favour of the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out from the wound certificate that a serious injury-fracture has been suffered on the frontal bone. Wooden stick was the weapon used. In the counter case the injury suffered is a simple one and that is why it is registered only under Section 324 I.P.C. At the moment it cannot be assumed that allegations in this case against the petitioners are false or are raised with any vexatious intent. In any view of the matter, the petitioners may be directed to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. There are no circumstances available in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am persuaded to agree that there are no features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, B.A.No.1699 of 2008 3 is a fit case where the petitioners must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioners surrender before the Investigating Officer or 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 appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-