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UMMAR A.M., S/O. MOHAMMED HAJI v. STATE OF KERALA - Bail Appl No. 5341 of 2007  RD-KL 17087 (10 September 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMBail Appl No. 5341 of 2007()
1. UMMAR A.M., S/O. MOHAMMED HAJI,
2. HARIS, S/O. ABDUL KADAR,
1. STATE OF KERALA,
For Petitioner :SRI.T.B.SHAJIMON
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.B.A. No. 5341 OF 2007
Dated this the 10th day of September, 2007
ORDERApplication for anticipatory bail. Petitioners are accused 1 and 2. Altogether, there are two accused persons. The petitioners face allegations, inter alia, under Sections 326 and 447 of the IPC. The crux of the allegations is that on 11/8/07 at 00.30 hours the petitioners armed with deadly weapons (wooden sticks) assaulted the de facto complainant and caused injuries to him, including a fracture. Prior personal animosity is the alleged cause.
2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent of the allegations raised. Political animosity is prompting the de facto complainant to raise false allegations against the petitioners. In these circumstances, it is prayed that anticipatory bail may be granted to the petitioners. B.A. No. 5341 OF 2007 -: 2 :-
3. This application is opposed by the learned Public Prosecutor. The learned Public Prosecutor submits that the petitioners are named in the F.I.R. The wound certificate shows clearly that the victim has suffered a fracture. The weapon used is a dangerous wooden stick. There is nothing to show that the alleged political differences have anything to do with the incident in question, submits the learned Public Prosecutor.
4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am unable to discern any features in this case which would justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must surrender before the Investigating Officer or the learned Magistrate having jurisdiction. They must then seek regular bail in the ordinary course.
5. In the result, this bail application is dismissed; but with the observation that if the petitioners surrender before the Investigating Officer or the learned Magistrate and seek bail, after giving sufficient prior notice to the Prosecutor in charge of B.A. No. 5341 OF 2007 -: 3 :- the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/-
(R. BASANT, JUDGE)Nan/ //true copy// P.S. to Judge
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