IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 497 of 2009() ------------------------------------- CRIME NO.834/2008 OF NEDUMANGAD POLICE STATION ....... PETITIONER (S) /ACCUSED NO.1 ------------------------------------------- JOSE, SUNIL NIVAS, KANIYAR KONAM, CHANGA, VALLANAD, NEDUMANGAD. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No.497 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 3rd day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 294(b), 323, 324, 506(2), 308 read with section 34 IPC. According to prosecution, on 27-10-2008, petitioner (A1) along with second accused, in furtherance of common intention, assaulted de facto complainant and committed various offences. 3. Learned counsel for petitioner submitted that the only non bailable offence is under section 308 IPC and no serious injury is sustained by the injured. Learned Public Prosecutor pointed out that charge sheet is laid on 15-1-209 and hence, police has no intention to arrest petitioner. Hence, petitioner may be directed to surrender before the Magistrate Court and move for bail under section 437 Cr.P.C. 4. On hearing both sides, I am satisfied that there is no special circumstance to grant anticipatory bail. Hence, petitioner is directed to surrender before the Magistrate court concerned or appear on BA 497/2009 -2- summons and apply for bail under section 437 Cr.P.C., if so advised. With this direction, this petition is disposed of accordingly. K.HEMA, JUDGE. mn.