IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 6809 of 2008() ----------------------------- CRIME NO.341/08 OF ERUMAPPETTY POLICE STATION PETITIONER/2ND ACCUSED. ------------------------------------------- KANNAN, S/O. CHANDRAN, AGED 25 YEARS, KUTTANKULANGARA HOUSE, CHIRAMANANGADU, KODUNGALLUR PAMNCHAYAT, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT. --------------------------- THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, ERUMAPPETTY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6809 of 2008 ----------------------------------------- Dated this the 12th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 326 and 308 read with 149 of the Indian Penal Code. According to prosecution, on 13.9.2008 at about 9.30 p.m, petitioner (second accused) along with other accused formed into an unlawful assembly and armed with deadly weapons attacked de facto complainant and another. De facto complainant sustained a fracture by cutting with a sword. 3. Learned counsel for petitioner submitted that this crime is registered as a counter blast to another crime. Actually petitioner (second accused) was assaulted by de facto complainant, it is submitted and a case was registered against him, as Crime No.340/08. Thereafter, the present crime is registered on the basis of a complaint given by de facto complainant. All the accused in this case, except petitioner, are granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner used a sword against de facto complainant and he had sustained a fracture to the hand. The BA.6809/08 2 sword has not been recovered so far and petitioner is required for interrogation and recovery of weapon. 5. On hearing both sides, considering the facts and the allegations made against petitioner, I am not inclined to grant anticipatory bail to petitioner. This is particularly so, since he is required for interrogation and recovery of weapons allegedly used. Though it is submitted that another crime was also registered, it is not clear from the submissions made on behalf of petitioner whether petitioner is entitled to right of defence or why he cannot be proceeded against. The crime is registered as early as on 14.9.2008 and petitioner was not available for purpose of investigation so far. Petitioner is directed to surrender before investigating officer and co-operate with the investigation without any delay. Whether he surrenders or not, the police will be at liberty to arrest petitioner and proceed against him in accordance with law. With this direction and observation, petition is dismissed. K.HEMA, JUDGE vgs.