Haris vs State Of Kerala Through The on 7 February, 2008

Kerala High Court
Haris vs State Of Kerala Through The on 7 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 697 of 2008()


1. HARIS, S/O. MUHAMMED,
                      ...  Petitioner
2. MARANGATTU NAZAR, S/O. KUNHEEN PILLA,

                        Vs



1. STATE OF KERALA THROUGH THE
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :07/02/2008

 O R D E R
                               R.BASANT, J.

                            ----------------------

                             B.A.No.697 of 2008

                        ----------------------------------------

             Dated this  the  7th day of February 2008


                                   O R D E R

Application for anticipatory bail. The petitioners are

accused 7 and 8. They face allegations in a crime registered

alleging offences punishable inter alia under Sections 307 and

326 read with 149 I.P.C. The alleged incident took place on

27/11/2007. In prosecution of the common object of an unlawful

assembly of which the petitioners were members – there are

altogether 19 persons – they armed with dangerous weapons like

swords, iron rods etc. attacked the de facto complainant and

three others. Serious injuries were inflicted on the victims

including fractures. Investigation is in progress. Final report

has not been filed. Some of the co-accused who had been

arrested, had been enlarged on bail as per common order of this

court dated 08/01/2008. The petitioners have not been arrested.

They apprehend imminent arrest.

2. The learned counsel for the petitioners prays that the

petitioners may be granted anticipatory bail. The learned Public

Prosecutor opposes the application and submits that no

circumstances exist to justify the invocation of the extraordinary

equitable discretion under Section 438 Cr.P.C.

B.A.No.697/08 2

3. Having considered all the relevant inputs, I find merit

in the opposition by the learned Public Prosecutor. I am satisfied

that there are no features in this case which would justify

invocation of the extraordinary equitable discretion under

Section 438 Cr.P.C. This, I agree with the learned Public

Prosecutor, is a fit case where the petitioner must appear before

the investigating officer or the learned Magistrate having

jurisdiction and then seek regular bail in the normal and

ordinary course. The mere fact that some of the co-accused have

been granted regular bail is no reason to justify the claim of the

petitioners for anticipatory bail.

4. 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.697/08    3


B.A.No.697/08    4


       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007


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