IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl.No. 1817 of 2008() ----------------------------- (CRIME NO. 125 OF 2008 OF MULAVUKADU POLICE STATION) CRLMC.350/2008 of D.C. & SESSIONS COURT, ERNAKULAM .................... PETITIONERS/ACCUSED: --------------------------- 1. JAYAN, S/O.APPUKKUTTAN, AGED 33 YEARS, PAIMBATHU HOUSE, MULAVUKADU P.O 2. UNESH K.B., S/O.BABU, AGED 23 YEARS, KAITHAMANA HOUSE, MULAVUKADU P.O., ERNAKULAM. 3. KUTTAN, S/O.GOPI @ UNNIKRISHNAN T.G., THOTTARATHARA HOUSE, MULAVUKADU P.O., ERNAKULAM. 4. REJI, S/O.MADHAVAN C.M., CHERUPULLIPARAMBIL HOUSE, ELAMKUNNAPUZHA P.O., VYPEEN. BY ADV. SRI.K.R.VINOD RESPONDENTS/COMPLAINANT: --------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, MULAVUKADU POLICE STATION. BY PUBLIC PROSECUTOR, SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1817 OF 2008 B ```````````````````````````````````````````````````` Dated this the 4th day of April, 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 4. They face allegations in a crime registered alleging offences punishable, inter alia, under sections 308 and 324 IPC. The learned Public Prosecutor submits that the wound certificate, which has subsequently been secured, reveals that there are two injured persons and that one of them had suffered grievous hurt. The crux of the allegations is that on 17.2.08 at 9 pm the accused persons had assaulted the two injured persons resulting in grievous injuries to one and injuries to the other. Even in the F.I. Statement, it is stated that an earlier incident/altercation had taken place between the accused on the one side and the victims on the other. Investigation is in progress. The petitioners apprehend imminent arrest. BA.1817/08 : 2 : 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. In fact, only one incident took place on 17.2.08 at about 8 pm, no incident had taken place at 9 pm at all. The allegation raised about the incident at 9 pm is totally incorrect. The de facto complainant/injured in this crime may have suffered injuries in the earlier incident which took place on 17.2.08. They are trying now to make false allegations about a subsequent incident only for the purpose of vexation. The petitioners may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. He submits that all the available indications clearly point to the culpability of the petitioners. The earlier crime is not a counter case at all. It is a different crime at an earlier point of time. That is also registered under section 308 IPC. The police are conducting a fair and proper investigation. There is absolutely no justification to invoke the BA.1817/08 : 3 : extraordinary equitable discretion under section 438 Cr.P.C. The petitioners may be directed to surrender before the investigating officer or the learned Magistrate and then seek regular bail, it is submitted. 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 petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. More detailed discussions on merits about the acceptability of the allegations or the credibility of the data collected will have to be scrupulously avoid at this stage. 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer BA.1817/08 : 4 : 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