IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 7306 of 2008() --------------------------------------- CRMP.3246/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.224/2008 OF RAMANKARY POLICE STATION .................... PETITIONER (S) /ACCUSED NO.2 ------------------------------------------- CHACKO, AGED 52 YEARS, PALLIMUTTEL, VELIYANADU P.O., VELIYANADU, ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7306 OF 2008 ------------------------------ Dated this the 19th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 326, 308 read with 149 of I.P.C. According to prosecution, petitioner (second accused) along with 5 other accused formed into an unlawful assembly and assaulted defacto complainant, who is the sexton of a church and committed various offences. The motive of the crime is that the defacto complainant questioned and scolded petitioner's minor son, while he was found jumping over the wall of the church on the previous day. This offended the petitioner and others and hence they assaulted the defacto complainant. 3. Learned counsel for petitioner submitted that incident did not occur, as alleged. Petitioner's minor son was coming back after tuition, while the defacto complainant took him to the church compound with intention to commit unnatural offence and he made physical advances to the boy. The boy raised alarm, while people of the locality gathered and on B.A.No.7306 of 2008 2 coming to know of the illegal activity, they assaulted defacto complainant. Petitioner is absolutely innocent of the allegations made, it is submitted. 4. During the pendency of this petition, petitioner was directed to surrender before the Investigating Officer for questioning and he was questioned also. Learned Public Prosecutor submitted that the wound certificate is available in the case diary but no fracture is noted. On hearing both sides and on going through the records particularly the wound certificate, I find that offences under Sections 326 and 308 of I.P.C. can be treated as falling under Section 324 of I.P.C. for the purpose of bail. But at this stage, I am not able to fully accept the counter allegations in the absence of sufficient materials and I do not find any ground to grant anticipatory bail. Petitioner is directed to surrender before the Investigating Officer or the Magistrate court concerned and co-operate with the investigation. On surrender of the petitioner, offences involved will be treated as one under Section 324 of I.P.C. instead of Sections 326 B.A.No.7306 of 2008 3 and 308 of I.P.C., for the purpose of bail. With this observation, this petition is disposed of. K.HEMA, JUDGE pac