IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1181 of 2008() ----------------------------- CRIME 302/07 OF PERUMPADAPPU POLICE STATION PETITIONERS/ ACCUSED ------------------------ 1. HAMSA, AGED 37 YEARS, S/O.ALI PANAKKAD HOUSE, CHERAVELLOOR P.O. MALAPPURAM -679 575. 2. ASHARAF, AGED 35 YEARS, S/O.ALIPANAKKAD HOUSE, CHERAVELLOOR P.O. MALAPPURAM -679 575. BY ADV. SRI.K.J.SAJI ISAAC RESPONDENTS: ------------- SUB INSPECTOR OF POLICE PERUMPADAPPU, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1181 OF 2008 E ```````````````````````````````````````````````````` Dated this the 27th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 and 2. They are brothers. They face allegations in a crime registered under section 326 read with 34 IPC. Prior personal animosity is the alleged motive. The victim has suffered multiple fractures. The alleged incident took place on 25.12.07. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. He prays that anticipatory bail may be granted to the petitioners. 3. The learned Public Prosecutor opposes the application. There are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under section 438 Cr.P.C., submits the learned Public Prosecutor. BA.1181/08 : 2 : 4. Having considered all the relevant inputs, 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 petitioners 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 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks