IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 5993 of 2008() ----------------------------- CRIME NO.1900/08 OF ALUVA POLICE STATION PETITIONER/3RD ACCUSED:- -------------------------------------------- SHAHUL HAMEED K.M., S/O MOIDENKUTTY, AGED 28 YEARS, RESIDING AT KARIMBANACKAL HOUSE, NATTUKAL P.O., MANNARKAD, PALAKKAD DISTRICT. BY ADV. SRI.A.SAIN PAUL RESPONDENT(S): --------------- THE STATION HOUSE OFFICER, ALUVA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5993 of 2008 ----------------------------------------- Dated this the 22nd October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 324, 326 and 307 read with 34 of Indian Penal Code. According to prosecution, de facto complainant was brutally attacked by petitioner after forming themselves into an unlawful assembly and grievous injuries are caused. The incident happened on 3.8.2008 in front of a bar hotel. 3. This petition is strongly opposed. Learned Public Prosecutor submitted that the injured is in a highly critical condition and his jaw is fractured and on the allegations made, it is not a fit case to grant anticipatory bail. 4. Learned counsel for petitioner could not point out any circumstance which will persuade me to invoke Section 438 Cr.P.C. On hearing both sides, I find that it is not a fit case to grant anticipatory bail. The incident occurred on 3.8.2008 and the petitioner (third accused) is not available for arrest so far. The weapons are not recovered and the petitioner will be required for interrogation. Petitioner is directed to surrender before the investigating officer within ten days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.