IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 6283 of 2008() ----------------------------- CRIME NO.235/2008 OF ULLICKAL POLICE STATION .................... PETITIONERS/ACCUSED 2 AND 3:- ------------------------------------------------- 1. M.PRAVEENKUMAR, S/O JANARDHANAN, AGED 28 YEARS, PEON, SARADHA VILASOM U.P. SCHOOL, PARIKKALAM. 2. V.T. VINOD, S/O THAMBAN, AGED 28 YEARS, ALORA HOUSE, PARIKKALAM. BY ADV. SRI.C.P.PEETHAMBARAN SRI.M.X.ANTONY LIJO RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, ULICKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6283 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 IPC. According to prosecution, the first accused, defacto complainant and others had gone to the house of one Mohanan, who is a worker of CPI(M). From there, there was a quarrel between Mohanan and the first accused. The defacto complainant intervened and thereafter, while he was going out of the house, the first accused came back with seven others and attacked the defacto complainant. The first accused was armed with weapon. The petitioners are the second and the third accused, who also assaulted the defacto complainant. 3. Learned counsel for the petitioners submitted that the allegations are not correct. There was some dispute between the two factions of the same political party regarding mismanagement of a school which was run by the CPI(M) local BA No.6283/08 2 committee. There was some altercation between the two and the petitioners are falsely implicated in this offence. 4. This petition is opposed. Learned public prosecutor submitted that the investigation is at the initial stage. Only the first accused was arrested. The others are yet to be arrested. The incident occurred as early as on 11.9.2008 and petitioners are not available for arrest. 5. On hearing both sides, I am satisfied that in the nature of allegations made and the nature of investigation required, it is not proper to grant anticipatory bail to the petitioners. Petitioners are directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. This petition is dismissed. K.HEMA, JUDGE csl