High Court Kerala High Court

Manu Xavier vs State Of Kerala Represented By … on 10 April, 2008

Kerala High Court
Manu Xavier vs State Of Kerala Represented By … on 10 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2297 of 2008()


1. MANU XAVIER, AGED 25 YEARS, KOTTAPPURAM
                      ...  Petitioner
2. SHALIN JAIN, AGED 27 YEARS, KOTTAPPURAM,
3. SAJU YESUDASAN, AGED 21 YEARS,

                        Vs



1. STATE OF KERALA REPRESENTED BY S.I.OF
                       ...       Respondent

                For Petitioner  :SRI.  K.SIJU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :10/04/2008

 O R D E R
                                 R.BASANT, J
                         ------------------------------------
                          B.A.No.2297 of 2008
                         -------------------------------------
                Dated this the 10th day of April, 2008

                                     ORDER

Application for anticipatory bail. Petitioners are accused 1 to

3. They face allegations in a crime registered alleging offences

punishable, inter alia, under Sections 452 and 326 I.P.C. Accused

No.1 is named in the F.I.R. He along with 2 others had committed

the offences is the specific allegation in the F.I.R. The alleged

incident took place on 09.03.08. The victim was taken to the

hospital on the same day and the allegation in a nut shell is

mentioned to the doctor also though the details of accused 2 and

3 or the weapons used are not seen mentioned specifically. There

is a fracture of the fourth metacarpal bone suffered by the victim.

Personal animosity is the alleged motive. Investigation is in

progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that

the petitioners are absolutely innocent. F.I statement was lodged

only on 11.03.08. Even in such F.I statement accused 2 and 3 are

not named. In any view of the matter, the petitioners do not

deserve to endure the trauma of arrest and detention in the facts

and circumstances of the case. The petitioners may be granted

anticipatory bail, it is prayed.

B.A.No.2297 of 2008 2

3. The learned Public Prosecutor opposes the application.

The learned Public Prosecutor submits that there are no features

in this case which can justify or warrant the invocation of the

extraordinary equitable discretion under Section 438 Cr.P.C. The

victim had been taken to the hospital on the same day and the

nature of assault though all the details have not been narrated

are available in the wound certificate itself. The victim was

hospitalised and the delay in the police reaching the injured to

record the statement cannot justifiably evoke any suspicion or

distrust in the mind of the court. At any rate, the petitioners do

not deserve to be granted anticipatory bail, submits the learned

Public Prosecutor.

4. Having considered all the relevant inputs, I am

persuaded to agree that there is merit in the opposition by the

learned Public Prosecutor. This, I agree with the learned Public

Prosecutor, is a fit case where the petitioners must appear before

the Investigating Officer or the learned Magistrate having

jurisdiction and then seek regular bail.

5. 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

B.A.No.2297 of 2008 3

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/-