IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 7881 of 2008() ------------------------------------------ (CRIME NO.212/2008 OF PALLITHOTTAM POLICE STATION) PETITIONER (S): ACCUSED NO.6: --------------------------------------------------- NIYAS, AGED 21 YEARS, PUTHENVEEDU, KONAKAPPURAM, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7881 OF 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 324, 307 read with section 149 IPC. According to prosecution, petitioner along with six others formed themselves into an unlawful assembly and committed rioting armed with sword, knifes etc. and assaulted de facto complainant. He sustained grievous hurt. The accused attempted to commit murder. 3. Learned counsel for petitioner submitted that de facto complainant had not implicated petitioner and no specific overt act is alleged against him. All other accused were granted bail. Petitioner sustained injury, when, he tried to intervene and aid de facto complainant and prevent injury being caused to him. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that there are specific allegations against petitioner. It is alleged that he along with another accused chased de facto complainant and assaulted him using knife and inflicted stab injuries. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of BA 7881/2008 -2- allegations, I am not inclined to grant anticipatory bail to petitioner. Crime was registered as early as on 6-12-2008 and he is required for investigation. Therefore, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.