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. 1547 of 2008() ----------------------------- Cr.NO.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT : PETITIONERS/ACCUSED NO.2 & 3 --------------------------------------------- 1. MUHAMMED AJEER @ AJEER, S/O. SULAIMAN, AGED 25 YEARS, CHAPPARAPPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. IQBAL P., S/O. MAJEED, AGED 34 YEARS, CHAPPARAPPADAVU, KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, (CR.NO.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REP. BY 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.1547 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are accused 2 and 3. Altogether there are 10 accused persons. Only the 1st accused was named in the F.I.R. Accused 2 to 4 had subsequently been brought on the array of accused in the course of investigation. The alleged incident took place on 12.01.08. The petitioners allegedly belong to the I.U.M.L. The victim allegedly belongs to the C.P.M. Political animosity is the alleged motive. The alleged incident took place on 12.01.08. The victim who was a passenger in a bus was dragged out of the bus and was allegedly attacked. Crime has been registered alleging offences punishable, inter alia, under Sections 324 and 308 r/w 149 I.P.C. The petitioners have not been arrested so far. Investigation is in progress. They apprehend imminent arrest. 2. The 1st accused has already been arrested. The application of the 1st accused for regular bail was dismissed earlier as per order dated 25.01.08 in B.A.No.439 of 2008. Later he was granted bail subject to conditions as per order dated B.A.No.1547 of 2008 2 13.02.08 in B.A.No.818 of 2008. I have adverted to facts in detail in the said orders. This order must be read in continuation of the said orders. I am hence not adverting to facts in any greater detail in this order. 3. The learned counsel for the petitioners submits that the petitioners are innocent. Political animosity is prompting the defacto complainant to make reckless allegations against the petitioners and others. The defacto complainant has political clout as he belongs to the ruling outfit in Kerala. The allegation under Section 308 I.P.C has been raised without any justification. In any view of the matter, the petitioners may be saved of the trauma of undeserved arrest and detention. They may be granted anticipatory bail, it is prayed. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the totality of the circumstances clearly point to the complicity of the petitioners. The fact that the petitioners had not been named in the F.I.R cannot be given undue importance and significance in the facts and circumstance of the case, submits the learned Public Prosecutor. B.A.No.1547 of 2008 3 5. I find merit in the opposition by the learned Public Prosecutor. This, I am satisfied, is a fit case where the petitioners must appear before the learned Magistrate having jurisdiction or the Investigating Officer and then seek regular bail in the normal and ordinary course. 6. 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/-