Kerala High Court
Jayakrishnan Master vs State on 28 April, 2009
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2102 of 2009()
1. JAYAKRISHNAN MASTER
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.K.P.HARISH
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/04/2009
O R D E R
P. BHAVADASAN, J.
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B.A. No. 2102 of 2009
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Dated this the 28th day of April, 2009.
ORDER
Application for anticipatory bail. Petitioner is the 23rd accused in C.P No. 19 of 2008 of Judicial First Class Magistrate Court I, Kasargod. He faces allegations in Crime No.27/08 under Sections 308 and 353 IPC etc. The crux of the allegations is that when a police party went to the scene of the crime to disengage the quarreling activists of the B.J.P. and the Muslim League, stones were thrown by the accused persons at the police party to deter them from the discharge of their official duty. Some of the co-accused have already been enlarged on bail. The petitioner apprehends arrest on a warrant issued from the Court since the final report had been filed.
2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent and is falsely implicated and the court has taken the case on file. Even if the entire allegations were accepted, there are no elements of the offence punishable under Section 308 IPC. The petitioner may, in these B.A. No. 2102/09 -:2:- circumstances, be granted anticipatory bail, it is prayed.
3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the case is in a C.P stage and therefore the petitioner may be directed to surrender before the learned Magistrate seized of the case and then seek regular bail in the ordinary course.
4. In an earlier application for bail by other accused, learned Public Prosecutor was requested to pointedly explain how the allegations under Section 308 IPC are justified in the facts and circumstances of the case. Suffice it to say that sufficient reasons were not shown to justify inclusion of the allegation under Section 308 IPC.
5. In the above circumstances, this bail application is, accordingly allowed in part. The petitioner is directed to surrender before the learned Magistrate and then seek regular bail within 10 days pointing out that issuance of warrant was uncalled for. When the court considers the application for regular bail, the court shall eschew and ignore the allegation under Section 308 IPC and dispose of the bail application as in other similar cases. Needless B.A. No. 2102/09 -:3:- to say that such application for bail, may be disposed of by the learned Magistrate on merits, in accordance with law and expeditiously and in the light of what has been stated above.
P. BHAVADASAN, JUDGE ttb.