IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1755 of 2008()
1. JAYAPRAKASH @ JAYAKUTTAN
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE
... Respondent
For Petitioner :SRI.A.RAJASIMHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :24/03/2008
O R D E R
R.BASANT, J.
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B.A.No.1755 of 2008
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Dated this the 24th day of March 2008
O R D E R
Application for anticipatory bail. The petitioner is the first
accused. Altogether there are two accused persons. The second
accused has already been arrested and enlarged on bail. The
alleged incident took place on 22/1/2008. Both the accused persons
allegedly went to the house of the de facto complainant and abused.
He closed the front door. Both accused trespassed into the house
and attacked the de facto complainant. Serious incised injury was
inflicted on him. Crime has been registered under Sections 452 and
324 I.P.C. Prior animosity is the alleged motive. Investigation is
pending. The petitioner apprehends imminent arrest.
2. According to the learned counsel for the petitioner, the
petitioner is absolutely innocent. The petitioner may not be
compelled to endure the trauma of arrest and detention. He may
now be enlarged on bail. The only non-bailable offence alleged is
the one punishable under Section 452 I.P.C, points out the learned
counsel for the petitioner.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that there are no features in
this case which can justify or warrant the invocation of the
extraordinary equitable discretion under Section 438 Cr.P.C. This
B.A.No.1755/08 2
is a fit case where the petitioner may be directed to surrender
before the investigating officer or the learned Magistrate and then
seek regular bail in the ordinary course, submits the learned Public
Prosecutor.
4. The case diary has been placed before me. I have gone
through the F.I.R in detail. I have perused the wound certificate
which reveals the nature of the prompt allegations made to the
doctor and also the nature of injuries suffered. I shall scrupulously
avoid any detailed discussion on merits about the acceptability of
the allegations raised or the credibility of the data collected.
Suffice it to say that I find merit in the opposition by the learned
Public Prosecutor. 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.
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.1755/08 3
B.A.No.1755/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007