IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 43 of 2008() --------------------------- CRLMP.3511/2007 of DISTRICT COURT, ALAPPUZHA CRIME NO.481/2007 OF ALAPPUZHA SOUTH POLICE STATION .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- PONNACHAN @ PATHROSE, AGED 27 YEARS, S/O.HENRY, PALIYATHAYYIL, VADACKAL WARD, ALAPPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.B.PRAMOD RESPONDENTS: ------------- 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 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.43 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. He faces allegations in a crime registered for offences punishable inter alia under Section 308 read with 149 I.P.C. The accused persons had allegedly attacked another group of fishermen of the locality with dangerous weapons like sword sticks, wooden sticks, pestle etc. A case and a counter case has been registered. The counter case after investigation is about to be referred as false, submits the learned Public Prosecutor. Five persons had suffered injuries in the crime. The wound certificates have been placed before me for my perusal. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He is the victim of aggression and not the aggressor. The counter case is not being investigated into properly and the police are making arrangements to refer the same. In any view of the matter, the petitioner may be granted anticipatory bail, it is prayed. B.A.No.43/08 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the totality of the circumstances, the nature of the attack, the nature of the weapons used, the nature of the injuries inflicted etc. do all lead to the conclusion that the allegation raised under Section 308 I.P.C is justified, in the peculiar facts and circumstances of this case. 4. The case diaries in both cases have been placed before me. I have perused the same. Having considered all the relevant inputs, I am satisfied that there are no features in this case which would justify 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) jsr // True Copy// PA to Judge B.A.No.43/08 3 B.A.No.43/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007