IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 3298 of 2010() ----------------------------- CRMP.1448/2010 of DISTRICT COURT, PALAKKAD .................... (CRIME NO.223/2010 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT) PETITIONERS: ACCUSED 1&2 ------------------------------- 1. MOHAMMED ALI, S/O.K.P.VEERAN, AGED 30 YEARS, KARIKUPARAMBIL HOUSE, EZHUVANTHALA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. USMAN, S/O.ABOOBAKKER, AGED 43 YEARS, POOVATHUMKUZHI, EZHUVANTHALA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION (CRIME NO.223/2010), PALAKKAD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3298 OF 2010 -------------------------------- Dated this the 7th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 326 r/w 34 IPC. According to prosecution, on 06/04/2010 while the de facto complainant was returning from the work, he was wrongfully restrained by the petitioners in furtherance of their common intention and they assaulted him using sword and knife and inflicted serious injuries on him. 3. Learned counsel for the petitioner submitted that petitioners are innocent of the allegations made. At a football ground, there was altercation between two groups and the petitioners happened to get into the same. But, they have not committed any offence. Both the petitioners sustained injuries and they were admitted in hospital ,as evidenced by Annexure A and B. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's names were mentioned in the First Information Statement itself and the de facto complainant sustained very serious injuries. There was a cut to the nerve and offence under Section 326 is committed. B.A No.3298 OF 2010 2 5. On hearing both sides, It only appears that both sides sustained injuries. But it is not understood on what ground the petitioners are entitled for anticipatory bail. I am satisfied that this is not a fit case to grand anticipatory bail. The incident happened on 06/04/2010 and petitioners were not available for investigation. 6. Hence petitioners are directed to appear before the Investigating Officer and co-operate with investigation. Whether they appear or not, police is at liberty to arrest them in accordance with law. Petition is dismissed. K.HEMA JUDGE vdv