IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7121 of 2008() ------------------------------------------ (CRIME NO.276 OF 2008 OF CHALISSERY POLICE STATION) PETITIONER: ACCUSED NO.1: --------------------------------------------- S. BINOJ, AGED 27 YEARS, S/O.M.K. SIVARAMAN, VADAKKE CHIRAKKAL VEEDU, KOTTACHIRA POST, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.7121 of 2008 --------------------------------------------- Dated this the 27th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 IPC. According to prosecution, petitioner (A1) along with other accused armed with deadly weapons, like iron rod, attacked the defacto complainant and others and inflicted injuries on them. Defacto complainant sustained a fracture and other serious injuries. 3. Learned counsel for petitioner submitted that all the accused were granted anticipatory bail by the learned Sessions Judge except A1 and A2. A2 was arrested after discharge from the hospital. He was also injured in the incident. It was actually an assault on the accused by the defacto complainant and others due to political rivalry, it is submitted. A counter case is also pending and it is unbelievable that an attack will be made by about 10 to 13 persons against a procession conducted by about 50 persons, it is submitted. BA No. 7121/2008 2 4. This petition is opposed. Learned public prosecutor submitted that it was the petitioner who had inflicted injury to the defacto complainant. The defacto complainant sustained an injury, which had 12 stitches and also a fracture on the hand. Petitioner had used an iron rod to commit the offence. Learned Sessions Judge has rightly taken into account these facts to reject the petition for anticipatory bail, it is submitted. Learned public prosecutor also submitted that in a case of this nature, it is not proper to grant anticipatory bail. 5. On hearing both sides, I am satisfied that in a case of this nature wherein serious injuries are inflicted on the defacto complainant by use of a weapon like iron rod, it may not be proper to grant anticipatory bail. Petitioner has not been able to point out any circumstance which would probablise his innocence or non involvement in the crime, except making a bare assertion that he was implicated in every case in which there is a political clash. The petition is dismissed. K.HEMA, JUDGE csl