IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 737 of 2009() ---------------------------------------- (CRIME NO.75/2009 OF KASARGOD POLICE STATION) PETITIONER(S): ACCUSED 1 & 2: -------------------------------------------------- 1. SHABEER N.S., AGED 24 YEARS, S/O. SULAIMAN, FATHIMA MANZIL, N. MOOLA, MUTTATHODI POST, KASARGOD DISTRICT. 2. RASHEED, AGED 18 YEARS, S/O. MOIDEEN, RONSHANA MANZIL, MULIYAR VILLAGE, KASARGOD DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): STATE: --------------------------------------- THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COUR OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.737 OF 2009 -------------------------------- Dated this the 17th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324 read with 34 of I.P.C. According to prosecution, on 30.01.2009 at about 9.30 p.m., second accused wrongfully restrained the defacto complainant and first accused beat him with iron rod on face, hands etc. In the attack, a tooth was broken and 4 teeth got loosened and thereby, petitioners committed the various offences, in furtherance of common intention. 3. Learned counsel for petitioners submitted that offence under Section 326 I.P.C. was subsequently added. According to petitioners, the defacto complainant owed Rs.25,000/- to first accused and when he demanded the money back, he evaded payment. Ultimately, both of them met in a petrol bunk and first accused demanded the money openly, when he got insulted. There was an altercation and both the persons were sent away by the petrol bunk people. Because of this, a false complaint is filed with a view to avoid the payment to the first B.A.No.737 of 2009 2 accused. It is also submitted that the defacto complaint is a known gunda. 4. This petition is opposed. Learned Public Prosecutor submitted that the incident happened after a District Sports Meet was over and not from a petrol bunk. A quarrel occurred between the second accused and the defacto complainant and he was assaulted using iron rod. Petitioners are required for interrogation and recovery of the weapon used. On hearing both sides, regarding the defence version, there is nothing on record to support the same. No circumstance is also pointed out. The bare assertions may not be sufficient to come to any conclusion in favour of the defence. Considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners are required for recovery of the weapon and also for interrogation. The crime was registered as early as on 31.01.2009 and petitioners are bound to surrender. Hence, the following order is passed :- B.A.No.737 of 2009 3 i) Petitioners shall surrender before the investigating officer or before the Magistrate court concerned without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac