IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3058 of 2008() ----------------------------- CRIME 130/08 OF THIRUVALLA POLICE STATION PETITIONER: ACCUSED; ------------------------- 1. SONU, AGED 19 YEARS, S/O.SUGANAN, THADATHAON, NAZHIPARA, KOTTOOR MURI, KAVIYOOR. 2. RAHUL, S/O.RAVEENDRAN, AGED 19 YEARS PARAYIL VEEDU, NAZHIPARA, KOTTOR MURI, KAVIYOOR. BY ADV. SRI.SAJITH KUMAR V. RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3058 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioners are accused 1 and 3 in the crime. The offences alleged are under Sections 143, 148, 149, 324 & 326 of Indian Penal Code. As per the allegations, petitioners assaulted the defacto complainant and his friends using iron rod and bamboo stick and caused injury on the forehead. Fracture was also caused to the defacto complainant. Learned counsel for petitioners submitted that petitioners are students aged 19 years and the incident happened in front of the house of the petitioners. It was an attack made on them by the defacto complainant and others and they sustained some injuries when the petitioners exercised right of self defence. They have not committed any offence as alleged. They will be adversely affected in their studies, if they are remanded. 3. Leaned Public Prosecutor pointed out that the incident happened on the road and not in front of the house of the accused. The weapons of offence are not recovered so far. The incident happened on 10.2.2008 and the petitioners could not be arrested so far. They are required for custodial interrogation and recovery. 4. I am satisfied that it is not a fit case to grant anticipatory bail especially since recovery is to be effected. The petition is dismissed. K.HEMA, JUDGE vgs.