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. 8011 of 2008() ------------------------------------------ (CRIME NO.568/2008 OF KUNDARA POLICE STATION) PETITIONERS/ACCUSED A1 & A4: -------------------------------------------------- 1. JITHIN PRASAD, S/O.PRASAD, KOLLIDAZHIKATHU VEEDU, PERAYAM CHERI, KUMBALAM, MULAVANA VILLAGE, KOLLAM DISTRICT. 2. SHINTO, SHINTO BHAVAN, KARIKKUZHY (P.O) PERAYAM CHERI, KUMBALAM, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. MR.L.Y.SANGEETH RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------------------------------- Bail Appl. No. 8011 of 2008 --------------------------------------------------- Dated this the 10th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 308 r/w 34 of IPC. According to prosecution, on 26.6.2008, petitioners (A1 & A4) along with 4 other accused formed into an unlawful assembly and in prosecution of the common object of the assembly assaulted de facto complainant using sword stick, knife etc. and inflicted injuries on de facto complainant. 3. According to learned counsel for petitioners, petitioners are innocent of the allegations made. Petitioners are active workers of CPI(M) and de facto complainant is a worker of Congress-I. There were disputes between the workers in those parties and a false case is foisted against petitioners. Offence under Section 308 is included only with a view to harass petitioners, it is submitted. Petitioners have no criminal antecedents. 4. This petition is opposed. Learned counsel for petitioners submitted that considering the rival contentions, I am satisfied that this is not a fit case to grant anticipatory bail, since serious allegations made and de facto complainant and his friends sustained serious injuries and recovery of the weapons also. Petitioners are bound to surrender and co-operate with the [B.A.No.8011/08] 2 investigation. The incident occurred as early as on 26.6.2008 and charge-sheet could not be filed so far. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioners in this crime will be entertained by this Court. K. HEMA, JUDGE. Krs.