IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2128 of 2008() ----------------------------- CRIME NO.208/2008 OF CHALAKKUDY POLICE STATION PETITIONER/ACCUSED : ----------------- FRANCIS,S/O.PYLODH,NJENNJAMBILLY HOUSE, POTTA,THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2128 OF 2008 C ```````````````````````````````````````````````````` Dated this the 7th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered for the offences punishable under section 326 IPC. The petitioner is the sole accused in the crime. The incident took place on 14.3.08. Fracture of the left arm was suffered by the victim. Hammer is the weapon used. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention. Subject to appropriate conditions anticipatory bail may be granted to the petitioner, it is prayed. 3. The learned Public Prosecutor opposes the application. There are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C., it is submitted. The learned Public BA.2128/08 : 2 : Prosecutor points out that the mere fact that the petitioner and the victims were friends earlier is not a reason to justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. 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 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. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or 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. (R.BASANT, JUDGE) aks