IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 7015 of 2008() ----------------------------- CRIME NO. 196/2008 OF THADIYITTAPARAMBU POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- 1. ABHILAS, AGED 30, S/O.N.K.SIVAN, NAMBRALIL, SOUTH VAZHAKULAM KARA. 2. AMALANANDAN, AGED 22,S/O.LATE A.C.THEVAN ALUNGAL HOUSE, SOUTH VAZHAKULAM. 3. MANOJ, AGED 25 YEARS, S/O.AYYAPPAN, ALUNGAL VEEDU, SOUTH VAZHAKULAM. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENT(S): STATE/ COMPLAINANT: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THADIYITTA PARAMBU POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7015 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324 and 326 read with section 34 IPC. As per the prosecution case, petitioners (A1 to A3) assaulted de facto complainant, in furtherance of common intention and inflicted injuries on him, including rib fracture. The 1st accused used sword, 2nd and 3rd accused used sticks. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. Wound certificate shows that the injuries were sustained in an assault “by unknown person”. It is thus clear that only one person is involved, as per the alleged cause of injury stated to doctor. The injured was taken to hospital by two of his friends who had seen the incident. Therefore, the allegation now made that there are three persons is only an after thought. The injured was in the hospital on the same day of incident and F.I.R. was given only on the next day. It is also pointed out that the injuries caused are all incised wounds and there is not even an injury, which may correspond to a beating with wooden stick. This also would indicate that allegations against petitioners are absolutely BA7015 /08 -2- baseless. Therefore, on the strength of the above contentions, it is submitted that anticipatory bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that the investigation is at the initial stage. It is not clear from the wound certificate as to who had given the alleged cause of injury to doctor. This fact has to be ascertained by investigation. The injured had given statement to police within 24 hours implicating petitioners and the F.I.R. was registered on the basis of said statement. Doctor has not noted in the wound certificate as to who had given the alleged statement to him. Therefore, on the basis of the entries in the wound certificate alone, it may not be proper to hold that petitioners are not involved in the case, it is submitted. 5. It is also submitted that there is a specific motive alleged for the commission of offence. According to de facto complainant, petitioners were under the impression that de facto complainant had informed about the illicit liquor business of accused to the authorities and that was the reason for the assault. It is also pointed out that sword and sticks were used for the offence and unless petitioners are arrested and interrogated, it may not be possible to recover the weapons used for the offence. BA7015 /08 -3- 6. On hearing both sides, I am satisfied that it will be premature for this Court on the basis of the materials available to hold that petitioners are not involved, merely based on the alleged discrepancy in the wound certificate. This is a matter to be enquired into an investigation by questioning the witnesses. Considering the nature of allegations made and the nature of investigation, which is required, I am satisfied that this is not a fit case to grant anticipatory bail to petitioners. Petitioners shall surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.