IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 5314 of 2008() ----------------------------- CRIME NO. 496/2008 OF PATHANAPURAM POLICE STATION PETITIONER (S): ACCUSED NO.2,3 AND 4: ----------------------------------------- 1. SURESH, S/O.RAVEENDRAN NAIR, MANNILAZHIKATHU VEEDU, MALUR P.O., PATHANAPURAM. 2. VINOD, S/O.SADASIVAN, SIVAVILASAM, MALUR P.O., PATHANAPURAM. 3. RAJEEV, S/O.KUTTAPPAN NAIR, PANAMTHOTTATHU VEEDU, MALUR P.O., PATHANAPURAM. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR. 2. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5314 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 294(b), 341, 323, 365 read with section 34 IPC. According to prosecution, de facto complainant who is worker of D.Y.F.I. was forcibly taken away by accused 1 to 4 and assaulted and abused in obscene language in furtherance of common intention. Accused are R.S.S. workers. A crime was registered on the basis of a complaint lodged by de facto complainant. The incident happened on 10-8- 2008 at 10.30 p.m. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged. Petitioners are absolutely innocent. On 10-8-2008 at about 10.30 - 11 p.m. petitioners who are accused Nos. 2, 3 and 4 saw one Mohanan being assaulted by de facto complainant and his friends. Petitioners rushed to the spot and rescued and they went to police station and the matter was reported to the police. Thereafter, said Mohanan was taken to the hospital and admitted to the Taluk Hospital, Kottarakkara. Petitioners are absolutely innocent of the allegations made and the present complaint was lodged against petitioners falsely. Crime was registered on the basis of a complaint made by BA 5314/08 -2- Mohanan only on the next day of the incident as crime No.497/2008 and the present Crime is 496/2008. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the materials in the case diary offences alleged are clearly committed. Nothing could be pointed out to connect the incident in which Mohanan was injured with the present crime. This is not a fit case to grant anticipatory bail. 5. On hearing both sides, I find that the allegations made are serious. Though petitioners have taken up a defence, the defence is not clear from the submissions made. I do not understand how the counter allegations can be made a ground to exonerate petitioners from their liability. The mere existence of another crime is not a reason to grant anticipatory bail. The crime was registered as early as on 11-8-2008 and petitioners are not available for arrest for the past more than two months. Hence, petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.