IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7143 of 2008() ----------------------------- CRIME NO.604/08 OF KOTTAYAM WEST POLICE STATION PETITIONER (S): ACCUSED: ---------------------------- 1. K.M.SIDHEEQU, S/O.ABDUL KAREEM, MANIPARAMBIL, VELOOR P.O., KOTTAYAM. 2. AFSEL, S/O.ABDUL KHADER, PUTHENPARAMBIL HOUSE, THAZHATHANGADI P.O., KOTTAYAM. BY ADV. SRI.SALIM V.S. RESPONDENT(S): COMPLAINANTS: ---------------------------- 1. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7143 of 2008 ----------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 145, 147, 148, 149 and 308 of the Indian Penal Code. According to prosecution, petitioners (accused 1 and 2), along with other accused, formed themselves into an unlawful assembly and committed the various offences. Accused 1 and 2 used iron rods to assault de facto complainant. 3. Learned counsel for petitioners submitted that the name of second accused is absent in the FIR. De facto complainant and petitioners are neighbours. It is also submitted that there are no serious injuries on de facto complainant. In such circumstances, petitioners may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the offence was committed on 2.10.2008 and BA.7143/08 2 crime was registered on the same day. It is submitted that the name of second petitioner was mentioned as 'Appy' in the First Information Statement. It is revealed in the investigation that though his original name is Afsel, he is also known as 'Appy' and a report was also filed. It is also submitted that iron rods were used by accused 1 and 2 and four injuries were sustained by de facto complainant, which include a fracture on the right leg. It is also submitted that there was a lacerated injury also on the leg, along with other contusions. The weapons of offence are not recovered and petitioners are required for interrogation and recovery, it is submitted. 5. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail, especially since the weapons of offence are to be recovered by interrogation of petitioners in custody. The crime was registered as early as on 2.10.2008 and petitioners have not surrendered before the investigating officer or before the court. BA.7143/08 3 Petitioners are directed to surrender before the investigating officer or before the Magistrate Court concerned and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.