IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1690 of 2008() ----------------------------- CRMP.563/2008 of DISTRICT COURT, THODUPUZHA CRIME NO.18/08 OF KANJIKKUZHI POLICE STATION .................... PETITIONER --------------------------- GEORGE JOSEPH, S/O.JOSEPH, AGED 36 YEARS, RESIDING AT THOTTIYIL HOUSE, IDUKKI VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJIKKUZHI POLICE STATION, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1690 of 2008 ------------------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. The petitioner is named in the F.I.R. He, along with six others not named, had allegedly indulged in the alleged crime which is registered for offences punishable, inter alia, under Sec.308 read with Sec.149 of the IPC. The alleged incident took place on 2/2/08 at about 8.30 a.m. The de facto complainant was allegedly walking along the road. The miscreants came in a jeep and the petitioner wanted the de facto complainant to get into the jeep. As he got into the jeep, he was allegedly assaulted using a dangerous weapon - hammer. He was questioned as to why he had got involved in the incident on an earlier occasion. He was attacked. He suffered two lacerated injuries. Hearing his cries, the local B.A. No. 1690 of 2008 -: 2 :- people collected and he was saved. Investigation is in progress. The other accused have not been identified yet. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. About an incident which had taken place on 31/1/08 in a school day celebrations, allegations were raised against the de facto complainant. Only to escape from the said allegation and to ensure that this case is used to settle the other case, such false allegations are being raised against the petitioner, it is submitted. The learned counsel for the petitioner, in these circumstances, prays that directions under Sec.438 of the Cr.P.C. may be issued in favour of the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the nature of the injuries suffered by the 1st accused, the fact that the allegations are specifically raised against the petitioner in the F.I.R. do all indicate the complicity of the petitioner. The learned Public Prosecutor further points out that the local persons have been questioned who confirmed the version of the de facto complainant. In any view of the matter, the learned Public Prosecutor submits that this is not a fit case where the discretion B.A. No. 1690 of 2008 -: 3 :- under Sec.438 of the Cr.P.C. can or ought to be invoked in favour of the petitioner. The learned Public Prosecutor has read over to me the nature of injuries described in the wound certificate. 4. Having considered all the relevant circumstances, I am satisfied that there are no features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the 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 usual course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the learned Magistrate and seeks 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 – on the date of surrender itself. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge