IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2111 of 2008()
1. R.RAJAN, S/O.JOHN JOSEPH,
... Petitioner
2. BIJU RAJ, S/O.R.RAJAN,
Vs
1. STATE OF KERALA REP. BY DIRECTOR
... Respondent
For Petitioner :SRI.P.N.PURUSHOTHAMA KAIMAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2111 OF 2008 B
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Dated this the 8th day of April, 2008
O R D E R
Application for anticipatory bail. Petitioners are
accused 1 and 2. They are father and son. Altogether there
are only two accused persons. They are both named in the
FIR. The alleged incident took place on 1.3.08. There are
two injured persons, one of them had suffered fracture of the
frontal bone. Sickle is the weapon used. Prior animosity is
the alleged motive. Investigation is in progress. The
petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits
that the petitioners are absolutely innocent. They were not
aggressors but were victims of aggression. The 1st accused
had suffered some injuries and he was hospitalised also.
False and vexatious allegations have been raised against the
petitioners to cover the fault and the contumacious conduct of
BA.2111/08
: 2 :
the de facto complainant/injured. In any view of the matter,
the petitioners may not be compelled to endure the trauma of
arrest and detention. They may be granted anticipatory bail, it
is prayed.
3. The learned Public Prosecutor opposes the
application. The learned Public Prosecutor has taken me
through all the relevant data. Wound certificate has been read
over to me. The relevant portion of the FIR has also been
brought to my notice.
4. 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 the 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 petitioners must
appear before the investigating officer or the learned
Magistrate having jurisdiction and then seek regular bail in the
normal and ordinary course.
BA.2111/08
: 3 :
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)
aks