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K.S.SUNIL, S/O.SREEDHARAN UNNITHAN versus STATE OF KERALA REPRESENTED BY PUBLIC

High Court of Kerala

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K.S.SUNIL, S/O.SREEDHARAN UNNITHAN v. STATE OF KERALA REPRESENTED BY PUBLIC - Bail Appl No. 4274 of 2007 [2007] RD-KL 12978 (13 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4274 of 2007()

1. K.S.SUNIL, S/O.SREEDHARAN UNNITHAN,
... Petitioner

2. G.R.RAJESH, S/O.RAJAPPAN NAIR,

3. DILEEP.G., S/O.GOPINATHA PANICKER,

Vs

1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent

2. SUB INSPECTOR OF POLICE,

For Petitioner :SRI.P.HARIDAS

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :13/07/2007

O R D E R

R. BASANT, J.


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B.A.No. 4274 of 2007
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Dated this the 13th day of July, 2007

O R D E R

Application for anticipatory bail. The petitioners are accused 1 to 3. They face allegations, inter alia, under Sections 3(1) and 3(2) of the PDPP Act. The crux of the allegations is that on 21.4.2007 at about 12.30 p.m. the petitioners were members of an unlawful assembly of persons, who allegedly went to the office of Chengannur Municipality and indulged in wanton acts of violence and destruction of public property. The F.I. statement was lodged and F.I.R. was registered on the next day at 10 a.m. No accused is named in the F.I.R. There is an averment in the F.I.R. that the persons involved in the commission of the crime are activists of R.S.S., who are known to the informant and who can be identified by him. Investigation proceeded. The petitioners have now been arrayed as accused 1 to

3. Altogether 10 accused persons had allegedly taken part in the incident. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that there has been delay in lodging of the F.I.R. The petitioners are not named B.A.No. 4274 of 2007 2 in the F.I.R. and they have not been arrested so far. In these circumstances it is evident that the petitioners are being arrayed now only because they are activists of R.S.S./B.J.P. In these circumstances anticipatory bail may be granted to the petitioners, it is prayed.

3. The application is opposed by the learned Prosecutor. He submits that the indications available now and the materials collected convincingly point to the complicity of the petitioners. There are no circumstances justifying invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioners. The allegations are serious. In a case like this, the petitioners may not be permitted to arm themselves with an order of anticipatory bail. They have to resort to the ordinary and normal procedure of appearing before the Investigator or the Magistrate. They must then seek regular bail.

4. I find merit in the opposition by the learned Prosecutor. I am satisfied that this is a fit case where the petitioners must resort to the ordinary and regular procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No. 4274 of 2007 3

4. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the Investigating Officer or the learned Magistrate and apply for regular 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 tm


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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