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. 5269 of 2008() ----------------------------- CRIME NO.430/07 OF CHADAYAMANGALAM POLICE STATION PETITIONER -------------------- RATHEESH KUMAR, S/O.RAVEENDRAN PILLAI RATHEESH BHAVAN, ELAMADU, KOTTARAKKARA. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SHRI.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.5269 of 2008 ----------------------------------------- Dated this the 14th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 341, 143, 147, 148, 324, 307 and 149 of Indian Penal Code. According to prosecution, on 15.12.2007 at about 1.30 PM, 5 persons came in a vehicle and two persons armed with a sworn and a stick came out of the same and attacked one Ravindran Nair. Three persons intervened and all of them sustained serious injuries. Three persons sitting inside the vehicle and they include the petitioner also, who is the 5th accused. Those three brought accused 1 and 2, who are hired gundas, to attack Ravindran Nair, who is a member of the CITU. There is some dispute between the said Ravindran Nair and also the members of 'Sivasena'. The petitioner is a 'Sivasena' worker. 3. Learned counsel for petitioner submitted that there only four persons at the maximum are involved in the offence, revealed from the First Information Statement. As per the allegations in First Information Statement, two persons attacked and there were only two more persons inside the vehicle. Now the petitioner has been falsely included in the array of accused, deliberately with the BA.5269/08 2 intention to settle certain cases pending between CITU and INTUC workers. The petitioner is an INTUC worker, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that Ravindran Nair was the target and it was to attack him that the petitioner and two others, who were sitting in the vehicle, had brought the hired gundas, who are accused 1 and 2. There was earlier dispute between the said Ravindran Nair and the petitioner and the injured fell unconscious after the incident. Immediately on regaining consciousness, he had implicated the name of the petitioner while questioned under Section 161 Cr.P.C and it is not correct to say that the petitioner is not involved. The incident happened as early as on 15.12.2007 and for the past 10 months, the petitioner is not available for arrest. On hearing both sides, on the nature of the allegations made, it appears that the petitioner is also involved in the offence and he would be required for interrogation and hence, it may not be proper to grant anticipatory bail to the petitioner. The petitioner is directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.