IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Bail Appl..No. 4400 of 2008() ----------------------------- CMP.1076/2008 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.324/08 OF KONNI POLICE STATION PETITIONERS ------------------ 1. KARUNAKARAN NAIR @ APPINI, AGED 57 YEARS S/O RAGHAVAN NAIR, INCHAKKAL HOUSE,KACHANAM, KONNI THAZHAM MURI,IRAVON VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA. 2. SARATH, AGED 21 YEARS, S/O KARUNAKARAN NAIR, INCHAKKAL HOUSE,KACHANAM, KONNI THAZHAM MURI,IRAVON VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA. 3. RAMESH, AGED 32 YEARS, S/O RAMAKRISHNAN NAIR, INCHAKKAL HOUSE,KACHANAM, KONNI THAZHAM MURI,IRAVON VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.S.ABDUL VAHAB RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONNI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4400 of 2008 ----------------------------------------- Dated this the 10th July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 323, 324, 326 and 34 of Indian Penal Code. . Petitioners are accused 1 to 3 in the crime. Accused 1 and 2 allegedly assaulted the de facto complainant using a wooden stick and third accused allegedly assaulted with hands. The de facto complainant sustained a fracture in his shoulder. He was hospitalised from 24.5.2008 till 1.6.2008. 4. Learned counsel for petitioners submitted that the de facto complainant is having a criminal background and this is a falsely foisted case. Except this bare assertion, there is nothing to substantiate this contention. 5. This petition is opposed. It is submitted that recovery of weapon is not effected and the petitioners are required for custodial interrogation. In such circumstances, I am not inclined to grant anticipatory bail to the petitioners, in an offence of this nature. This petition is dismissed. K.HEMA, JUDGE vgs.