IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 281 of 2009 ------------------------------------ (CRIME NO. 506/2008 OF POOYAPPALLY POLICE STATION) .................... PETITIONERS/ACCUSED: ------------------------------------ 1. SUGATHAN, S/O.GOPALAN, SUMA VILASOM, VALIYODU P.O. VELIYAM, KOTTARAKARA. 2. SURESH,SUMA VILASOM, MARAVANKODE, VALIYODU P.O. VELIYAM, KOTTARAKARA. 3. SOMAN, AGED 50 YEARS, BINU BHAVAN, MICHABHOOMI, MARAVANKODE, VALIYODU P.O. VELIYAM, KOTTARAKARA. 4. NALINI, SANUL BHAVANS, MICHABHOOMI, MARAVANKODE, VALIYODU P.O. VELIYAM, KOTTARAKARA. 5. MOHANAN, SARATH BHAVAN, MICHABHOOMI, MARAVANKODE, VALIYODU P.O. VELIYAM, KOTTARAKARA. 6. SABIN, SABIN MANDIRAM, MICHABHOOMI, MARAVANKODE, VALIYODU P.O.VELIYAM,KOTTARAKARA. 7. SUNI, SHANI VILASOM,MICHABHOOMI, MARAVNKODU, VALIYODU P.O. VELIYAM, KOTTARAKARA. 8. VIJAYA, AGED 45 YEARS, SHYNE VILASOM, MARAVANKODE, VALIYODU P.O. VELIYAM, KOTTARAKARA. \ BY ADV. MR.ALEXANDER GEORGE. RESPONDENTS/ COMPLAINANT, STATE: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTEDBY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. -------------------------------- B.A. No.281 OF 2009 -------------------------------- Dated this the 17th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences under Sections 323, 324, 326, 341, 354, 379, 506(1)and (2) read with 149 of I.P.C. According to prosecution, 12 named persons and 28 other identifiable persons formed into an unlawful assembly and committed rioting armed with deadly weapons like stick and stone and voluntarily caused hurt to the defacto complainant and 4 others. Gold, money and mobile phones were taken away and they were criminally intimidated. 3. Learned counsel for petitioners submitted that petitioners (accused nos.2, 3, 5 to 7, 9, 11 to 13) are innocent of the allegations made. The defacto complainant drove the car into a place where competitions were going on in connection with Onam festival. Therefore, people of the locality was infuriated and he was driven off. No injury is sustained by any person. A private complaint was filed in respect of the same incident by the defacto complainant's mother. She has no case B.A.No.281 of 2009 2 that she had sustained any fracture. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that in the incident, the defacto complainant and 4 others sustained injuries. The defacto complainant's mother sustained even a fracture on her hand. The weapons like stick and stone were used for the commission of the offence. 12 persons are identified but 28 persons are yet to be identified. Petitioners are required for interrogation, it is submitted. The recovery of the weapons is not effected. On hearing both sides, I find that allegations made against petitioners are serious in nature. Though a counter allegation is made, there is nothing to support such a contention. There are only bare assertions that defacto complainant is the assailant etc. Petitioners are required for the purpose of recovery and interrogation. The crime is registered as early as only 13.09.2008 and petitioners are bound to surrender. Hence, the following order is passed :- B.A.No.281 of 2009 3 i) Petitioners shall surrender before the investigating officer or before the Magistrate court concerned 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. ii) No further application for anticipatory bail by petitioners in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac