IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 380 of 2008() ---------------------------- CRMP.5731/2007 of DISTRICT COURT, THODUPUZHA CRIME 363/07 OF NEDUMKANDOM POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- P.AJIKUMAR, S/O PEETHAMBARAN, JAYALAKSHMI VILASOM, BALAGRAM P.O. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEDUMKANDOM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 380 OF 2008 B ```````````````````````````````````````````````````` Dated this the 31st day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 1st accused. He faces allegations in a crime registered for offences punishable, inter alia, under section 308 read with 34 IPC. The learned Public Prosecutor submits that the victim has suffered multiple fractures and the allegation under section 326 IPC has been included. 2. The crux of the allegations is that three named individuals including A1 and three others allegedly attacked the victim with sword, iron rod, etc. He suffered injuries including grievous injuries. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that a counter case is also registered and the allegations in the BA.380/08 : 2 : counter case are raised under sections 323 and 324 IPC. 3. The wound certificate has been read over to me. I find merit in the submission of the learned counsel for the petitioner. The allegations under section 308 IPC does not appear to be justified. The learned Public Prosecutor submits that the petitioner may be directed to surrender before the learned Magistrate and seek regular bail. I am satisfied and the learned Public Prosecutor does not oppose the said prayer that the learned Magistrate can be directed to consider the bail application eschewing and ignoring the allegations under section 308 IPC. I take note of the contention of the learned counsel for the petitioner that the victim must have suffered the injuries in the course an incident in which the victim fell. The learned counsel for the petitioner points out that no corresponding external injuries are there to the fractures suffered by the victim. 4. I do not find any reason to invoke the extraordinary equitable discretion under section 438 Cr.P.C. and I am BA.380/08 : 3 : satisfied that the petitioner can be directed to surrender before the learned Magistrate and seek regular bail. 5. In the result, this petition is dismissed but with the specific observation that if the petitioner surrenders before 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 - on the date of surrender itself. The learned Magistrate must consider the bail application eschewing and ignoring the allegations under section 308 IPC. 6. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) aks