IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 356 of 2009(F) ----------------------------------- CRMP.3198/2008 of SESSIONS COURT, KOLLAM CR.NO.359/2008 OF THENMALA POLICE STATION .................... PETITIONER/2ND ACCUSED : ----------------------------------- VIKAS S/O.RAVEENDRAN SANTHAS VEEDU, MURIKKANPACHAL, ARIYANKAVU MURI, ARIYANKAVU VILLAGE, KOLLAM DIST. BY ADV. SRI.SUNNY ZACHARIA RESPONDENTS : ------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I.OF POLICE, THENMALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.356 OF 2009 ---------------------------- Dated this the 28th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 324, 326, 506(ii) read with 34 of IPC. According to prosecution, petitioner (second accused) along with first accused in furtherance of common intention allegedly committed house trespass having made preparation for commission of offence and armed with axe and chopper and inflicted injuries on the defacto complainant and committed the various offences. 3. Learned counsel for petitioner submitted that petitioner is aged 17 years and he is a student as seen from Annexure I and even as per the allegation of the prosecution, a minor injury is inflicted by him. The main allegations are made against first accused and hence, anticipatory bail may be granted, it is submitted. It is also pointed out that first accused, who is the petitioner's brother, is already arrested and released on bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the injured sustained a fracture and also B.A.No.356 of 2009 2 sustained various other injuries on his body. Little finger was amputated and he was referred to the medical college hospital. There are several lacerated injuries also. The weapon is not recovered and hence, it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of the allegations made and the nature of the investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner is bound to surrender before the police and co-operate with the investigation. Petitioner is directed to surrender before the Investigating Officer or before the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, the petition is dismissed. K.HEMA, JUDGE pac