IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 2592 of 2010() ------------------------------------------ CRIME NO. 281/2010 OF BEKAL POLICE STATION. ........ PETITIONER/ACCUSED NOS. 3 & 4 ------------------------------------------------- 1. NARAYANAN, AGED 44 YEARS, S/O.CHOYAMBU, R/AT CHITTARI KADAPPURAM, CHITTARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. SHAJI, AGED 29 YEARS, S/O.KORAN, R/AT. CHITTARI KADAPPURAM CHITTARI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE -------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.281 OF 2010 OF BEKAL POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2592 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 324, 308 and 326 read with Section 34 of the Indian Penal Code. According to prosecution, on 17.04.2010 at about 1 P.M., while the de facto complainant, who is the programme committee chairman, was making announcement in connection with a programme in the temple, which was conducted during the festival, first accused came to the de facto complainant, pretending to pass on some message to him. De facto complainant accordingly, handed over the mike and went to the back side of the temple. First accused took a stick and beat him and accused nos. 2 to 4, who were standing in the main gate of the temple rushed to the spot and they also beat him with sticks, as a result of which, de facto complainant sustained injuries. 3. Learned counsel for petitioner submitted that petitioners are accused nos. 3 and 4. As per the allegations in the F.I. Statement, third accused has only aimed a blow and the B.A. No. 2592 of 2010 2 4th accused has beaten with stick. No offence under Section 308 of the Indian Penal Code is made out. Hence, anticipatory bail can be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor pointed out that in the incident, de facto complainant sustained injury to the ear and the ear drum was ruptured, as per medical record. All the four persons have allegedly participated in the incident and sticks were also used. Petitioners are required for interrogation and recovery of weapons, it is submitted. 5. On hearing both sides and on considering the serious nature of the allegations made and the nature of the injury sustained, in the light of the statement given by the doctor and also the need for interrogation and recovery, I am satisfied that this is not fit to grant anticipatory bail. Petitioners have not made out any ground to grant anticipatory bail and they are bound to surrender before the investigating officer without any delay and co- operate with the investigation. This petition is dismissed. K. HEMA, JUDGE ln