Kerala High Court
Ajayan vs State Of Kerala on 29 April, 2008
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2535 of 2008()
1. AJAYAN, AGED 36 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2535 OF 2008
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Dated this the 29th day of April, 2008
O R D E R
Application for anticipatory bail. Petitioner is the 2nd accused. Altogether there are two accused persons. They face allegations for offences punishable, inter alia, under sections 326 and 308 read with 34 IPC.
2. It is alleged that on account of prior animosity arising from an earlier incident the two accused persons went together to the de facto complainant and allegedly attacked him. The petitioner allegedly caught hold of him to facilitate infliction of injury by the 1st accused. A fracture of scapula was suffered. A dangerous weapon was allegedly used.
3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. All the three are friends. The petitioner had only tried to avoid the incident. False and vexatious allegations are being raised against the petitioner. The petitioner may, at any rate, be granted anticipatory bail, it is prayed.
BA.2535/08 : 2 :
4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations satisfactorily indicate the culpability of the petitioner.
5. Case diary has been placed before me. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that this is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course.
6. 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) aks