IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4374 of 2007()
1. PAIKKATTCHALI SAIDALAVI, S/O.
... Petitioner
2. NAGERI NAJEEBULLA, S/O. ABOOBACKER,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4374 of 2007
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Dated this the 19th day of July 2007
O R D E R
Application for anticipatory bail. Petitioners are accused 1
and 2 in a crime registered under Sections 307 and 353 I.P.C.
The crux of the allegations is that enraged by the conduct of the
de facto complainant, who in his capacity as village officer, was
attempting to interpose the commission of an offence – illicit
transportation of sand, the petitioners obstructed him in the
discharge of his duties and pushed him into the river where
strong current was flowing, with an intention to cause his death.
The alleged incident took place on 26/6/2007. Crime has been
registered. Investigation is in progress. The petitioners
apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. Totally false and
vexatious allegations are being raised. There was an exchange
of words and the official, who had questionable motives in his
attempt to seize a boat, had accidentally fallen into the water, it
is submitted.
B.A.No.4374/07 2
3. The learned Public Prosecutor opposes the
application. The available indications point to the guilt of the
accused. There is absolutely no justification to invoke the
equitable discretion under Section 438 Cr.P.C now, submits the
learned Public Prosecutor.
4. Having considered all the relevant inputs, I am of the
opinion that there is merit in the opposition by the learned
Public Prosecutor. I do not find any circumstances which
would justify invocation of the extraordinary equitable discretion
under Section 438 Cr.P.C. This is a fit case where the
petitioners must appear before the learned Magistrate or the
investigating officer and seek regular bail in the normal and
ordinary course.
5. In the result, this petition is dismissed. Needless to
say, 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, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4374/07 3
B.A.No.4374/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007