High Court Kerala High Court

Sujith Krishna vs The S.I. Of Police on 14 December, 2007

Kerala High Court
Sujith Krishna vs The S.I. Of Police on 14 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 7706 of 2007()


1. SUJITH KRISHNA, AGED 32,
                      ...  Petitioner

                        Vs



1. THE S.I. OF POLICE, FORT POLICE STATION,
                       ...       Respondent

                For Petitioner  :SRI.SASTHAMANGALAM S. AJITHKUMAR

                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. 7706 of 2007
                  - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 14th day of December, 2007

                               O R D E R

Application for anticipatory bail. The petitioner is the 4th

accused. Altogether there are 8 accused in the crime. All of

them are named in the F.I.R. They face allegations punishable,

inter alia, under Section 27 of the Arms Act and Section 324 r/w.

149 I.P.C. Investigation is in progress. Accused 6 and 8 have

already been arrested. The petitioner apprehends imminent

arrest.

2. The crux of the allegations against the accused is that

they, on account of animosity which the 4th accused entertained

towards the defacto complainant, were members of an unlawful

assembly which proceeded to the place where the defacto

complainant was and unleashed an attack on him. Injuries were

suffered by him and his brother. Injuries by themselves are not

serious. The prosecution alleges that the accused were in

B.A.No. 7706 of 2007
2

possession of dangerous weapons offending the provisions of the Arms

Act.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. No specific overt act is alleged

against the petitioner. No serious injury has resulted also. In these

circumstances the petitioner does not deserve to endure the trauma of

arrest and detention, submits the counsel.

3. The learned Prosecutor opposes the application. He submits

that the crime alleged is serious and grave. On account of prior

animosity, the accused persons armed with dangerous weapons had

constituted themselves into an unlawful assembly and attacked the

victim. The petitioners may not be granted anticipatory bail now,

submits the learned Prosecutor.

4. Having considered all the relevant inputs, I find merit in the

opposition by the learned Prosecutor. There are no features in this

case, which justify or warrant the invocation of the extra ordinary

equitable discretion under section 438 Cr.P.C. in favour of the

petitioner. This I am satisfied is a fit case where the petitioner must

B.A.No. 7706 of 2007
3

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 petitioner appears before 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 orders on merits, in accordance with

law and expeditiously.

(R. BASANT)
Judge

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