IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5769 of 2008() ----------------------------- CRIME NO. 511/2008 OF VADAKKENCHERRY POLICE STATION PETITIONER:- ------------------------------ NOUSHAD, SON OOF ABDUL KHADER, AGED 25 YEARS, ANJUMOORTHYMANGALAM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKENCHERRY. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5769 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 324, 326 and 294(b) read with section 34 IPC. According to prosecution, petitioner along with three other accused in furtherance of their common intention assaulted defacto- complainant by using weapon like chopper etc. on 12-7-2008 at about 6 p.m. 3. This is the second petition for anticipatory bail. An earlier petition was dismissed as per order dated 22-8-2008 in B.A. 5143/2008 by this Court, on finding that if petitioner is granted bail , it may not be possible to recover weapon used and that the petitioner has not surrendered nor could be arrested, though more than a month elapsed after the incident. Considering the facts and circumstances, this Court had already come to a finding that this is not a fit case to grant anticipatory bail. I do not find any reason to come to a different finding. 4. The incident happened on 12-7-2008 and the investigation is at a stand still, since weapon used for the offence could not be recovered and petitioner could not be arrested. Fracture is caused in the incident of alleged assault by petitioner. BA 5769/08 -2- 5. Petitioner is, therefore, directed to surrender before the Investigating Officer and make himself available for interrogation and co-operate with the investigation. Any further anticipatory bail application will not be entertained. This petition is dismissed. K.HEMA, JUDGE. mn.