High Court Kerala High Court

Muthu @ Jayaprakash vs The State Of Kerala Representing on 2 July, 2007

Kerala High Court
Muthu @ Jayaprakash vs The State Of Kerala Representing on 2 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3973 of 2007()


1. MUTHU @ JAYAPRAKASH,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTING
                       ...       Respondent

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/07/2007

 O R D E R
                               R.BASANT, J.

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

                            B.A.No.3973  of 2007

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

                   Dated this the 2nd  day of July 2007




                                   O R D E R

Application for anticipatory bail. The petitioner is the

second accused. Altogether there are four accused persons.

F.I.R is registered inter alia under Sections 308 and 324 read

with 34 I.P.C. The defacto complainant was the passenger in an

autorickshaw. There was an exchange of words between a

motor cycle rider and the autorickshaw driver. The defacto

complainant had also allegedly participated in that discussion

and quarrel. Actuated by oblique motives, the accused persons,

four in number, are alleged to have attacked the defacto

complainant thereafter with dangerous weapons. One stabbed

the defacto complainant. Injury was suffered by the defacto

complainant. Emergency surgery had been done. The

investigation is in progress. The petitioner apprehends

imminent arrest.

2. The learned counsel for the petitioner submits that

the allegations against the petitioner are baseless and are raised

B.A.No.3973/07 2

with oblique motives. No specific overt act is alleged against the

petitioners. At worst, it can only be assumed that there was an

unexpected quarrel and in the course of that quarrel, an incident

had taken place. At any rate, it is not necessary to insist on

arrest and incarceration of the petitioner for any length of time.

The allegation under Section 308 I.P.C has been raised with

vexatious intent only to ensure that the petitioner remains in

custody for as long a period as possible.

3. The learned Public Prosecutor opposes the

application. The learned Public Prosecutor submits that the

allegations are serious. For no provocation, the defacto

complainant was attacked. Injury suffered is serious. Available

indications do suggest that the injury suffered is serious and life

threatening. At any rate, there are no circumstances justifying

the invocation of the jurisdiction under Section 438 Cr.P.C,

submits the learned Public Prosecutor. I find merit in the

opposition by the learned Public Prosecutor. I do not find any

circumstances which would justify the invocation of the

discretion under Section 438 Cr.P.C. This is an eminently fit

case where the petitioner must follow the normal and ordinary

B.A.No.3973/07 3

procedure of surrendering before the investigating officer or the

learned Magistrate having jurisdiction. He must then seek bail

in the ordinary course.

4. I do not find any circumstances which would justify

invocation of the extraordinary equitable discretion under

Section 438 Cr.P.C. This is a fit case where the petitioner must

appear before the learned Magistrate or the investigating officer

and seek bail in the regular and ordinary course.

3. In the result, this petition is dismissed. Needless to

say, if the petitioner surrenders before the investigating officer

or the learned Magistrate and applies 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.3973/07    4


B.A.No.3973/07    5


       R.BASANT, J.





         CRL.M.CNo.





            ORDER





21ST DAY OF MAY2007