IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Bail Appl..No. 7338 of 2008(B) ------------------------------------- CRIME NO.399/08 OF BALARAMAPURAM POLICE STATION .................... PETITIONERS/A1, A2 A4 AND A6 : ----------------------------------------- 1. SANTHOSH, S/O.RAJENDRAN, (A1) IRONIYARATHALA VEEDU, ITHIYOOR, BALARAMAPURAM. 2. ASOKAN, S/O.BALAN NADAR (A2) IRONIYARATHALA VEEDU, ITHIYOOR, BALARAMAPURAM. 3. RADHAKRISHNAN, S/O.RAVI (A4) KARAKKATHUVILA VEEDU, ITHIYOOR, BALARAMAPURAM. 4. KIRAN, S/O.RAJENDRAN, (A6) IRONIYARATHALA VEEDU, ITHIYOOR, BALARAMAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT : ---------------- THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7338 OF 2008 -------------------------------- Dated this the 4th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 324, 326, 427 of I.P.C. and Section 27 of Arms Act. According to prosecution, petitioners (accused nos.1, 2, 4 and 6) along with other accused formed into an unlawful assembly and armed with deadly weapons like sword, iron rod etc. assaulted defacto complainant, inflicted injuries including fracture to the leg. 3. Learned counsel for petitioners submitted that there is three days' delay in lodging the complaint. The injury sustained is only a minor fracture. There is no fatal injuries on the defacto complainant. There was a quarrel between two groups during Onam season and that is the reason why this complaint is lodged. Hence, they may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that accused nos.1 and 2 have committed offences B.A.No.7338 of 2008 2 using sword and a fracture is caused to the leg. The other accused used iron rods and accused are required for interrogation and recovery of the weapon. This is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the serious nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners are required for interrogation and recovery of the weapons allegedly used for the offence. The crime is registered as early as on 20.09.2008 and in spite of lapse of so many months, petitioners are not available for arrest and interrogation. Hence the following order is passed :- i) Petitioners shall surrender before the Investigating Officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners will be entertained in this crime by this court, since considering the facts and B.A.No.7338 of 2008 3 nature of the allegations made, this court has already found that this is not a fit case to grant anticipatory bail and any order passed in any subsequent application for anticipatory bail to the contrary will amount to review of this order, which is not permissible in law. The petition is dismissed. K.HEMA, JUDGE pac