IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3773 of 2010() ----------------------------------------- (CRIME NO.202/10 OF COYALMANNAM POLICE STATION) PETITIONER(S): ACCUSED A1 TO A6: --------------------------------------------------------- 1. GIREESH, S/O.KANDAN, MANCHADI VEED, NOCHULLY, PALAKKAD. 2. SIVARAMAN, S/O.KANDAYI, AGED 46 YEARS, CHENNAMKODE VEED, NOCHULLY, PALAKKAD. 3. BABUDAS, S/O.VASU, AGED 30 YEARS, MANCHADI VEED, NOCHULLY, PALAKKAD. 4. SURA @ SURENDRAN, S/O.KARUMAN, AGED 44 YEARS, MANCHADI VEED, NOCHULLY, PALAKKAD. 5. JAYAN @ JAYAPRAKASAN, S/O.CHINNAN, AGED 32 YEARS, MANCHADI VEED, NOCHULLY, PALAKKAD. 6. SALEEM, S/O.ABDULKHADER, AGED 3 YEARS, MANCHADI VEED, NOCHULLY, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, COYLAMANNAM POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No.3773 OF 2010 ----------------------------------- Dated this the 30th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 447, 341, 323, 324,326 r/w 149 IPC. According to prosecution, on 16.4.2010 at about 7 pm, petitioners (A1 to 6) formed themselves into unlawful assembly and assaulted defacto complainant and others using stick, iron bangle etc. and thereby caused grievous hurt and they committed various offences. 3. Learned counsel for petitioner submitted that there was a fight between two groups one year back. On the date of occurrence, defacto complainant's friend splashed soda water against third accused and following this, there was a scuffle and some incident happened. Petitioners are innocent of the allegations made, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the incident started when defacto complainant's friend splashed soda water on the 3rd accused. There after B.A. No.3773/10 2 accused A2 to 4 took sticks and 4th accused took iron bangle and assaulted defacto complainant and three others and inflicted two fractures to one of them. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of allegations made and taking into consideration the grievous nature of injuries sustained in the incident, I am satisfied that this is not a fit case to grant anticipatory bail. It is true that the incident happened when defacto complainant's friend splashed soda water against one of the accused, but that alone does not persuade me to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.