High Court Kerala High Court

Shinu vs State Of Kerala on 4 April, 2008

Kerala High Court
Shinu vs State Of Kerala on 4 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 2105 of 2008()


1. SHINU, AGED 24,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :04/04/2008

 O R D E R
                            R. BASANT, J.
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                     B.A.No. 2105 of 2008
                  - - - - - - - - - - - - - - - - - - - - - -
               Dated this the 4th day of April, 2008

                               O R D E R

Application for anticipatory bail. The petitioner is the first

accused. Altogether there are three accused persons arrayed as

accused now. In the F.I. Statement all the three accused are

named. Of course there is an allegation that there were two

identifiable persons also along with the three accused persons.

But in the course of investigation that aspect of the case has been

found to be not correct. Now only three accused persons are

there. The allegations raised include the allegation under the

Arms Act. The accused persons, armed with dangerous weapons,

allegedly attacked the defacto complainant, a person aged 20

years. Motive for that attack was prior animosity. The incident

took place on 27.12.2007. Iron pipes and sword are the weapons

used. The petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the

petitioner is innocent and that at any rate the petitioner does not

B.A.No. 2105 of 2008
2

deserve to endure the trauma of arrest and detention. He is alleged to

have wielded an iron pipe, a dangerous arm. Only one injury is seen

suffered by the victim. The learned counsel prays that the petitioner

may be granted anticipatory bail.

3. The learned Prosecutor opposes the application. He submits

that there are no circumstances to warrant a conclusion that the

allegations are not true or are made vexatiously. In any view of the

matter, the learned Prosecutor submits that the petitioner does not

deserve the invocation of the extra ordinary equitable discretion under

Section 438 Cr.P.C.

4. Having considered all the relevant inputs, I find no features

in this case, which would justify the invocation of the extra ordinary

equitable discretion under Section 438 Cr.P.C. in favour of the

petitioner. This I am satisfied is a fit case where the petitioner must

resort to the ordinary and normal procedure of appearing before the

Investigator or the learned Magistrate having jurisdiction and then seek

regular bail in the usual course.

B.A.No. 2105 of 2008
3

5. This application is accordingly dismissed. I may however

hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and

expeditiously.

(R. BASANT)
Judge

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