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. 561 of 2009() -------------------------------------- CRMP.2769/2008 of DISTRICT COURT, KASARAGOD CRIME NO.391/2008 OF MANJESHWAR POLICE STATION, KASARAGOD DIST. .................... PETITIONER (S) / 7TH ACCUSED ------------------------------------------- UMMER, AGED 23 YRS,S/O.BADUVANKUNHI, FAROOQ MANZIL,KODENGA-KODIBAL VILLAGE,UPPALA.PO, KASARAGOD TALUK. BY ADVS.MR.BECHU KURIAN THOMAS MR.PAUL JACOB (P) MR.ROSHEN.D.ALEXANDER MR.NAVEEN SHERRY LUKOSE SMT.INDU SUSAN JACOB SMT.NISHA JOHN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. (THROUGH SUB INSPECTOR OF POLICE,MANJESHWAR POLICE STATION). PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR 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. 561 of 2009 ----------------------------------------- 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 red with 149 of the Indian Penal Code. According to prosecution, petitioner (7th accused), along with other accused, formed into an unlawful assembly and in prosecution of the common object of the assembly assaulted de facto complainant using sword, sticks etc. A fracture was caused to the right hand of the de facto complainant. 3. Learned counsel for petitioner submitted that petitioner is 7th accused and he is not involved in the offence. His name is falsely implicated, because of the political vengeance. Petitioner is prepared to abide by any conditions and hence, he may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that petitioner is involved in the crime and he has used a stick to assault de facto complainant. The weapon is not recovered so far. The incident occurred as early as on 12.12.2008 and the petitioner BA.561/09 2 could not be arrested so far. Sword is also used by first accused and, others have used sticks. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of the allegations made against petitioner and the nature of investigation required, including recovery of weapon used, I am satisfied that it is not a fit case to grant anticipatory bail to petitioner. If anticipatory bail is granted, it will adversely affect the investigation. The crime is registered as early as on 14.12.2008 and the investigation is in a stand still. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer forthwith 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.