IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2307 of 2008() ----------------------------- CRIME NO.131/08 OF SHOORANADU POLICE STATION : PETITIONER/FIRST ACCUSED ----------------------------------------- DEVARAJAN, S/O.PURUSHOTHAMAN, CHARUVILAYIL HOUSE, PORUVAZHY PANCHAYATH. BY ADV. SRI.ARUN.B.VARGHESE RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, SHOORANADU POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2307 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 1st accused, in a crime registered alleging offences punishable, inter alia, under Sections 332 and 353 I.P.C. The crux of the allegations is that a Village Officer was obstructed in the due discharge of his official duties when he raised objections against the illegal filling up of land using J.C.B. The victim/public official had suffered simple injuries also. 2. The learned counsel for the petitioner prays that anticipatory bail may be granted to the petitioner. 3. The application is opposed by the learned Public Prosecutor. 4. I am unable to perceive any features that 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, is a fit case where the petitioner must appear before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. B.A.No.2307 of 2008 2 5. This application is, in these circumstances, dismissed, but I may hasten to observe that 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 and expeditiously. (R.BASANT, JUDGE) rtr/-