IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6404 of 2008() ----------------------------- CRIME NO. 390/2008 OF KOZHIKODE TOWN POLICE STATION PETITIONERS/ACCUSED NO.1 AND 2:- ---------------------------------------------------- 1. NARAYANAN AGED 48 YEARS, S/O NEELAKANDAN, KOTTAKKUNUNMELL HOUSE, VELAM P.O., VADAKARA TALUK, KOZHIKODE. 2. SREEJESH AGED 20 YEARS, S/O NEELAKANDAN, KOTTAKKUNUNMELL HOUSE, VELAM P.., VADAKARA TALUK, KOZHIKODE. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINT:- -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICE, KOZHIKODE TOWN POLICE STATION, (CRIME NO.390 OF 2008), KOZHIKODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6404 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 324 and 307 read with section 34 IPC. According to prosecution, on 3-10- 2008 petitioners along with another person (A3) in furtherance of their common intention assaulted de facto complainant by stabbing with a knife and inflicted serious injuries and attempted to commit murder. This happened in the premises of a Family Court. There was a case between de facto complainant and petitioners relating to the custody of the child of de facto complainant, after the death of his wife. The court ordered the child to be brought to the court on the next day for the de facto complainant to see the child. But, after the order was passed, when they were going out, de facto complainant was wrongfully restrained by 2nd accused (1st petitioner) and 3 accused and 1st accused (2nd petitioner) stabbed him on the stomach, chest and shoulder and he sustained serious injuries. 3. Learned counsel for petitioners submitted that de facto complainant is a gunda. He murdered the daughter of 1st BA 6404/08 -2- petitioner. But, due to his influence, it was transformed to a case of suicide by police. Thereafter, the child was in the custody of his maternal relatives. In the premises of the Family Court, de facto complainant was attacked by some unknown people because of his criminal antecedents. Petitioners are innocent of the allegations made. No offence as alleged has committed by them and hence anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor strongly opposed this petition. It is submitted that de facto complainant sustained serious injuries. His liver was injured and there were incised injuries on the chest and shoulder also. All these were caused by knife. The incident happened in the premises of the Family Court and it was allegedly stated by petitioners that de facto complainant will not be alive to see the child and he was attacked stating this. 5.On hearing both sides, I am not satisfied that this is not a fit case to grant anticipatory bail. It has also to be noted that knife was used by 2nd petitioner (A1) and it is to be seized. Petitioners are required for investigation and interrogation. The offence was committed in the premises of the Family Court. The crime was registered as early as on 3-10-2008 but petitioners are not available for arrest so far. BA 6404/08 -3- Hence, petitioners are directed to surrender before the Investigating Officer and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.