IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7558 of 2008() ------------------------------------------- CRIME NO.671/2008 OF VAATANAPPILLY POLICE STATION ....... PETITIONER (S): -------------------- JAGADEESAN, S/O.BALAKRISHNAN, ARUKETTY HOUSE, ENGANDIYOOR P.O., ETHAI, VATANAPPILLY, CHAVAKKAD TALUK. BY ADV. MR.RAJIT MR.EMMANUEL THOMAS RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7558 of 2008 ----------------------------------------- Dated this the 10th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 326 and 308 read with 149 of the Indian Penal Code. According to prosecution, petitioner (6th accused), along with other accused, formed into an unlawful assembly and wrongfully restrained de facto complainant and assaulted him using iron pipes and caused fracture to his skull and thereby committed various offences. The incident occurred on 10.9.2008. 3. Learned counsel for petitioner submitted that petitioner is implicated in the case due to political animosity. There was some clash between two groups in the locality and this crime is registered because of such rivalry. 4. Learned Public Prosecutor opposed this petition and submitted that the allegations made against petitioner are serious in nature. Weapons like iron pipes etc. are used for the commission of offence and petitioner is implicated as the 6th BA.7558/08 2 accused. A fracture is also caused to the skull and it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of allegations made and the nature of investigation required, which include recovery of weapon used, I am satisfied that this is not a fit case to grant anticipatory bail. No special circumstance is pointed out to invoke Section 438 Cr.P.C. Bare assertion that this case is a falsely foisted one due to political animosity will not by itself be a ground for this Court to invoke provision under Section 438 Cr.P.C. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.