IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4640 of 2008() ----------------------------- CRMP.1812/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.292/08 OF AROOR POLICE STATION PETITIONERS ----------------- 1. PRIYAKUMAR, S/O.CHANDY 31 YEARS, NELLIKATTU, AROOR PO., CHERTHALA ALAPPUZHA. 2. SHAKEER, S/O.ALIKUNJU 35 YEARS, CHALAPPALLIL, KUTHIYATHODU PANCHAYATH, NCC.ROAD, THURAVOOR,ALAPPUZHA. BY ADV. SRI.SHAJI P.CHALY SRI.ABDUL JALEEL.A RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, AROOR POLICE STATION, AROOR, ALAPPUZHA BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4640 of 2008 ----------------------------------------- Dated this the 23rd July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323 and 308 read with 34 of Indian Penal Code. According to prosecution, petitioners along with other accused, in furtherance of a common intention committed offences under Sections 323 and 308 read with 34 IPC and on a complaint by the de facto complainant, a crime was registered against them. 3. Learned counsel for petitioners submitted that the first accused was driving an auto rickshaw and when it was reversed, it happened to hit an employee of a bar hotel. The other employees joined him and the petitioners were attacked and they escaped from the scene and co-accused were detained by them and the police was called and they were arrested by the police. 4. This petition is opposed. As per the allegations in the complaint, a broken glass piece was used and injury was inflicted on the side of the head of the de facto complainant and he was attacked by petitioners and others. The first accused is the person who used the weapon against the de facto complainant. 5. On hearing both sides, I do not find any materials on record at this stage to support the plea of innocence or the version set up by the defence. There is a specific allegation against the first accused regarding use of weapon and I am not inclined to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vgs.