Ayoob vs State Of Kerala on 13 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4276 of 2007()


1. AYOOB, S/O. IBRAHIM KUNJU,
                      ...  Petitioner
2. SHARAFUDDIN,
3. LATHEEFA, W/O. SHARAFUDDIN,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :13/07/2007

 O R D E R
                                 R. BASANT, J.

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                           B.A.No. 4276  of   2007

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                   Dated this the 13th day of   July, 2007


                                     O R D E R

Application for anticipatory bail. The petitioners are husband,

his sister and his brother-in-law. The defacto complainant is the wife.

It is alleged that the defacto complainant had secured an order of the

competent court permitting her to reside in the house. When the

defacto complainant went to the house of the petitioner she is alleged

to have been assaulted and beaten with dangerous weapons by the

first accused in collusion with the other accused. The defacto

complainant/wife suffered a grievous injury, a fracture. Crime has

been registered. Investigation is in progress.

2. The learned counsel for the petitioners submits that the

petitioners are absolutely innocent. No incident as alleged had at all

taken place. In these circumstances direction under Section 438

Cr.P.C. may be issued in favour of the petitioners, prays the counsel.

3. The learned Prosecutor opposes the application. The

allegations are grave. Injury suffered is grievous. There are no

circumstances justifying the invocation of the powers under Section

438 Cr.P.C. submits the Prosecutor.

B.A.No. 4276 of 2007

2

4. I find merit in the opposition raised by the learned Prosecutor. I

am satisfied that this is a fit case where the petitioners must resort to the

ordinary and normal procedure of appearing before the Investigating

Officer or the learned Magistrate having jurisdiction and then seek regular

bail in the ordinary course. I find no reason to invoke the equitable

discretion under Section 438 Cr.P.C.

5. This application is hence dismissed. Needless to say, if the

petitioners surrender before the Investigating Officer or the learned

Magistrate having jurisdiction and apply for regular 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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