IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7652 of 2007()
1. MANI @ MANIKANDAN, AGED 44 YEARS
... Petitioner
2. SURENDRAN, AGED 38 YEARS,S/O. APPU
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.N.RAGHURAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/12/2007
O R D E R
R. BASANT, J.
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B.A.No. 7652 of 2007
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Dated this the 13th day of December, 2007
O R D E R
Application for anticipatory bail. The petitioners are
accused 2 and 4. Altogether there are seven accused persons.
All of them are named in the F.I.R. Political animosity between
the activists of C.P.M. and B.J.P. is the motive for the alleged
incident. Investigation is in progress. Three of the co-accused,
who were arrested, had come before this court for regular bail
and by order dt. 4.10.2007 in B.A.No.6008 of 2007, regular bail
was granted to them subject to conditions. The petitioners
apprehend imminent arrest.
2. The learned counsel for the petitioners submits that the
petitioners are innocent. They may now be granted anticipatory
bail, it is prayed.
3. The learned Prosecutor opposes the application. He
submits that satisfactory allegations and cogent data have been
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collected to show the culpable involvement of the petitioners and that
at any rate there are no circumstances justifying or warranting the
invocation of the extra ordinary equitable discretion under section 438
Cr.P.C. in favour of the petitioners, submits the Prosecutor.
4. I have considered all the relevant inputs. I find merit in the
opposition by the learned Prosecutor. There are no features in this
case, which would justify the invocation of the extra ordinary equitable
discretion under section 438 Cr.P.C. in favour of the petitioners. This
I am satisfied is a fit case where the petitioners must resort to the
ordinary and normal procedure of appearing before the Investigator or
the learned Magistrate having jurisdiction and then seek regular bail in
the 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
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proceed to pass orders on merits, in accordance with law and
expeditiously.
(R. BASANT)
Judge
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