High Court Kerala High Court

Sabari vs State Of Kerala on 11 March, 2008

Kerala High Court
Sabari vs State Of Kerala on 11 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1512 of 2008()


1. SABARI, S/O.VIJAYAKUMAR,
                      ...  Petitioner
2. BIJU, S/O.AZHAKAPPAN ASARI,

                        Vs



1. STATE OF KERALA, REP. BY THE
                       ...       Respondent

                For Petitioner  :SRI.V.R.GOPU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :11/03/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                       B.A.No.1512 of 2008
                      -------------------------------------
              Dated this the 11th day of March, 2008

                                  ORDER

Application for anticipatory bail. Petitioners face allegations

in a crime registered alleging offences punishable under Section

456 I.P.C and Section 27 of the Arms Act. The alleged incident

took place on 22.02.08 at about 1 a.m. On account of prior

animosity which arose allegedly because the defacto complainant

had lodged an earlier complaint before the police about the

assault on his son, the petitioners along with others formed

themselves into an unlawful assembly and allegedly attacked the

house of the defacto complainant. The house was damaged. The

miscreants were armed with dangerous weapons. The defacto

complainant and his family members were allegedly threatened

also. The crime has been registered. Investigation is in progress.

The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that

the petitioners are innocent. The defacto complainant has

influence with the police. He being a taxi driver and his taxi being

engaged by police officials for their trip, making use of such

influence which the defacto complainant has, crimes are

registered without any justification against the petitioners. The

B.A.No.1512 of 2008 2

petitioners do not deserve 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 submits that the available

indications do clinchingly show the complicity of the petitioners.

The learned Public Prosecutor has drawn my attention to the

scene mahazar which bears telltale indications of the alleged

attack on the house.

4. Having considered all the relevant inputs, I am unable

to perceive any features in this case that can justify or warrant

the invocation of the extraordinary equitable discretion under

Section 438 Cr.P.C. This, I am satisfied, is a fit case where the

petitioners must appear before the Investigating Officer or the

learned Magistrate having jurisdiction and then seek regular bail.

5. This application is, in these circumstances, dismissed,

but I may hasten to observe that 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 and expeditiously.

(R.BASANT, JUDGE)
rtr/-

B.A.No.1512 of 2008 3