IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1679 of 2008()
1. ANIYAN, AGED 35 YEARS, S/O.KAVALAN,
... Petitioner
2. BABU, AGED 28 YEARS, S/O.AMMINI,
3. CHANDRAN AGED 43 YEARS, S/O.KAVALAN,
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.O.D.SIVADAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1679 of 2008
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Dated this the 19th day of March, 2008
O R D E R
Application for anticipatory bail. The petitioners are
accused 1 to 3. They are named in the F.I.R. There are six other
accused also. The alleged incident took place at 7.30 p.m. on
8.2.2008. The petitioners face allegations in a crime registered
for offences punishable, inter alia, under Section 326 r/w. 149
I.P.C. Fracture of the mandible is the injury suffered.
Investigation is in progress. The petitioners apprehend imminent
arrest.
2. The learned counsel for the petitioners submits that the
petitioners are innocent. There is some dispute between the
persons of the locality about the drawal of water from a public
tap. The incident occurred in connection with that dispute.
There are allegations and counter allegations raised. In any view
of the matter the petitioners do not deserve to suffer the trauma
of arrest and detention. They may be granted anticipatory bail, it
is prayed.
B.A.No. 1679 of 2008
2
3. The learned Prosecutor opposes the application. He submits
that the available inputs reveal the complicity of the petitioners. There
are no circumstances justifying or warranting invocation of the
discretion under Section 438 Cr.P.C. in favour of the petitioners.
They may be directed to surrender before the Investigating Officer or
the learned Magistrate and then seek regular bail in the usual course,
submits the learned Prosecutor.
4. Having considered all the relevant inputs, I find merit in the
opposition by the learned Prosecutor. I agree with the learned
Prosecutor that this is a fit case where the petitioners must be directed
to surrender before the Investigator or the learned Magistrate having
jurisdiction and then seek regular bail in the usual and ordinary course.
5. This application is accordingly dismissed. I may however
hasten to observe that if the petitioners appear before 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 orders on merits, in accordance with law and
expeditiously.
(R. BASANT)
Judge
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