IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 2468 of 2010() ----------------------------- AGAINST THE ORDER DATED 09/04/2010 IN 508/2010 IN CMC.462/2010 of D.C. & SESSIONS COURT,KOZHIKODE .................... PETITIONER/5TH ACCUSED. ------------------------------------------- DEEPAK P.K., AGED 19, S/O. SUDHAKARAN, DEEPTHI NILAYAM, P.O. KARANTHOOR, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): COMPLAINANT. ----------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAKKUR POLICE STATION, THOUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.2468 OF 2010 ----------------------------------- Dated this the 20th day of May, 2010 O R D E R Petition is for anticipatory bail. 2. Alleged offences are under sections.143,147, 148, 341, 324, 308 r/w.149 IPC. According to the prosecution, on 30.3.2010 at about 9.15 pm. petitioner (A5) along with other accused formed into unlawful assembly and armed with deadly weapons like sword stick, iron block etc., assaulted defacto complainant and committed various offences. 3. Learned counsel for the petitioner submitted that petitioner is innocent of the allegations made. He is a student and he happened to be a witness in a case in which the defacto complainant and others assaulted another person. Only because of this reason, petitioner was implicated this case, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that petitioner is involved in the case as per the materials contained in the case diary. Accused 3 to 9 are yet to be arrested and investigation is in progress. Weapons of offence B.A. No.2468/10 2 are to be recovered and in this case, if the petitioner is granted bail, it will adversely affect the investigation. 5. On hearing both sides, I am satisfied that granting of anticipatory bail to the petitioner, on the facts and circumstance of the case would adversely affect the investigation. Though the petitioner would assert his innocence, there is nothing on record to probablise his non-involvement. Petitioner is bound to co- operate with investigation. 6. Petitioner shall report before the investigating officer and co-operate with the investigation within seven days from today. This petition is dismissed. K. HEMA, JUDGE. Sou.