IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7222 of 2007()
1. ARUN CHANDRAN, S/O RAMACHANDRAN PILLAI,
... Petitioner
2. ANILKUMAR, S/O BHASKARAN UNNITHAN,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/11/2007
O R D E R
R.BASANT, J
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B.A.No.7222 of 2007
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Dated this the 30th day of November, 2007
ORDER
Application for anticipatory bail. Petitioners are accused 1
and 2. They are named in the F.I.R. Altogether there are 8
accused persons. 3 of them are named in the F.I.R.
2. The alleged incident took place on 13.11.07.
Miscreants who allegedly came in 3 motor cycles armed with
dangerous weapons – swords and sticks allegedly unleashed an
attack on the victim. Prior animosity is the alleged motive. The
crime has been registered promptly. Investigation is in progress.
The petitioners apprehend imminent arrest.
3. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. They have been falsely
implicated in the crime. No such incident whatsoever had taken
place in the presence of the petitioners. The petitioners
happened to be functionaries of the R.S.S and merely on account
of that reason, such false allegations are being raised. It is
prayed that anticipatory bail may be granted to the petitioners.
4. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the case diary does
B.A.No.7222 of 2007 2
not at all show that the dispute has any political overtones. Prior
personal animosity is the only alleged motive, submits the
learned Public Prosecutor. In any view of the matter, there are
no circumstances whatsoever which would justify or warrant the
invocation of the extraordinary equitable discretion under Section
438 Cr.P.C, submits the learned Public prosecutor.
5. Having considered all the relevant inputs, I find merit
in the opposition by the learned Public Prosecutor. This, I am
satisfied, is a fit case where the petitioners must appear before the
learned Magistrate having jurisdiction or the Investigating Officer and
then seek bail in the regular and ordinary course.
6. 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
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/-
B.A.No.7222 of 2007 3