IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6748 of 2008() ----------------------------- CRIME NO.199/08 OF VELLORE POLICE STATION PETITIONER/ACCUSED 1, 2 & 4 ----------------------------------------------- 1. ULLAS, S/O.KUTTAPPAN, KALATHIL HOUSE, MOOZHTHETTU BHAGAM, MEVELLOOR KARA, VELLOOR VILLAGE. 2. BIJU, S/O.KUTTAPPAN, KALATHIL HOUSE, MOOZHTHETTU BHAGAM, MEVELLOOR KARA, VELLOOR VILLAGE. 3. ANILKUMAR, S/O.KUTTAPPAN, KALATHIL HOUSE, MOOZHTHETTU BHAGAM, MEVELLOOR KARA, VELLOOR VILLAGE. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, VELLORE POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6748 of 2008 ----------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 341, 308 and 506(ii) of the Indian Penal Code. According to prosecution, petitioners (accused 1, 2 and 4) formed into an unlawful assembly and armed with knife and wooden stick wrongfully restrained de facto complainant and two others and assaulted them. De facto complainant and two others sustained injury in the incident. The incident occurred on 7.10.2008 at about 10.30 p.m from the courtyard of the house of first accused. 3. Learned counsel for petitioners submitted that first accused and his wife were living separately for some time. De facto complainant is his wife's brother. To settle the issue between first accused and his wife, de facto complainant and other persons came to the house of first accused. There was a talk from the courtyard and his father was abused by de facto complainant. Thereafter, de facto complainant and others trespassed into the house and assaulted first accused and others and in the course of the incident, second and third accused also sustained injuries. Third accused's daughter, who is aged 1 ½ years also sustained injuries in the BA.6748/08 2 attack. Second accused is first accused's father's brother's son. Third accused is first accused's brother. Both of them are residing nearby. Their wives are also arrayed as accused in this crime. Accused 1 to 3 and the child of third accused sustained injuries, but a crime was registered only under Sections 341, 323 and 447 read with 34 IPC as Crime No.198/2008 on the basis of a statement given by first accused. 4. But de facto complainant gave a statement only on 10.10.2008, after three days of the incident and on the basis of such statement, now a crime is registered subsequently as Crime no.199/2008 against the accused alleging that de facto complainant and others were assaulted by accused. Actually, de facto complainant and others trespassed into the house of first accused and committed the various offences. Offence under Section 308 IPC also was included and in such circumstances, if petitioners are not granted anticipatory bail, they will suffer irreparable injury and loss, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that though the incident occurred in the house of first accused, admittedly, de facto complainant, who is the brother-in- law of first accused had gone to the house with other persons for BA.6748/08 3 settling the dispute between first accused and his wife. Thereafter, first accused and others assaulted de facto complainant and others, who had gone to the house by using knife and wooden stick and they sustained injuries. Three persons had sustained stab wounds and other persons were also injured in the incident. On the facts of this case, it is not a fit case to grant anticipatory bail, it is submitted. Accused had used knife and wooden stick also to commit the offences. 6. On hearing both sides, it prima facie appears that a settlement talk culminated in an assault between two groups. Both sustained injuries and both of them were hospitalised. Though the present crime is registered after three days of the incident, it is clear from the wound certificate that the injured were in the hospital within 45 minutes of the incident. They had sustained stab wounds also. First Information Statement was recorded from the hospital itself. Considering the nature of allegations made and the nature of investigation required, which include recovery of weapons also, I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred as early as on 7.10.2008 and prime accused have not been arrested in this case. BA.6748/08 4 Petitioners (accused 1, 2 and 4) are directed to appear before the investigating officer and co- operate with the investigation without any delay. Whether petitioners surrender or not, police is at liberty to arrest petitioners at any time and proceed in accordance with law. Petition is dismissed. K.HEMA, JUDGE vgs.