IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6613 of 2008(B) -------------------------------------- CRIME NO.417/2008 OF GURUVAYOOR POLICE STATION PETITIONER/1ST ACCUSED : ---------------------------------- MANIKANDAN, S/O.VELAYUDHAN, AGED 38 YEARS, VATTAMPARAMBIL HOUSE, KANDANISSERY VILLAGE. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT/STATE : --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6613 OF 2008 ------------------------------ Dated this the 7th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner (first accused) along with two others in furtherance of common intention wrongfully restrained the defacto complainant and assaulted him by using iron pipe, iron rod etc. 3. Learned counsel for petitioner submitted that allegation of assault using weapon was made only against accused nos. 2 and 3, and not against first accused. Hence, he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations, petitioner had also used iron pipe and aimed blow at the head of defacto complainant and defacto complainant sustained injuries. The iron pipe is to be recovered for which the petitioner's interrogation is required. Hence, it is not a fit case to grant anticipatory bail, it is submitted. B.A.6613 of 2008 2 On hearing both sides, I am satisfied that the petitioner is required for investigation and recovery of the weapon used. Considering the nature of allegations, it is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac