IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 3816 of 2010() ----------------------------- (CRIME NO.84/2010 OF OONNUKAL POLICE STATION, ERNAKULAM DISTRICT) PETITIONERS/ACCUSED NOS.1 & 2 ------------------------------------------------- 1. NAISAL K.S., AGED 22 YEARS, S/O.SYED MUHAMMED, KANAPARAMBIL, NERIAMANGALAM, ERNAKULAM DISTRICT. 2. AKASH, AGED 24 YEARS, S/O.NARAYANAN, MANALODI KUNNUMPURATHU, NERIAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, OONNUKAL POLICE STATION, ERNAKULAM DISRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3816 OF 2010 -------------------------------- Dated this the 28th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 308 and 34 of IPC. According to prosecution, petitioners (A1 and A2), in furtherance of common intention, wrongfully restrained de facto complainant and assaulted him, using a spanner on 06/06/2010 at about 6:45 p.m. 3. Learned counsel for the petitioner submitted that de facto complainant's father's brother who was allegedly present at the time of occurrence is a Manager of a financing company and he is influential. Therefore, offence under Section 308 IPC is deliberately included, though there are no materials to include the said offence. Injury sustained is not serious. The only non-bailable offence alleged in this case is under Section 308 IPC. 4. Learned Public Prosecutor pointed out that de facto complainant sustained lacerated wound on the left side of ocupital scalp. Spanner was used and it is not recovered so far. Petitioners are required for interrogation and this is not a fit case to grant anticipatory bail. B.A No.3816 OF 2010 2 5. On hearing both sides, considering the serious nature of the allegations made, the need for interrogation and recovery of the alleged weapon used for the offence, I find that this is not a fit case to grant anticipatory bail. However, considering the nature of allegations made in the FIS and also the nature of injury sustained, I find that petitioner has a strong and arguable case in respect of involvement of offence under Section 308 IPC. Incident happened as early as on 06/06/2010. Hence, the following order is passed. (1) Petitioners shall surrender before the Investigating Officer concerned within seven days from today and co-operate with investigation. (2) On such surrender, if the petitioners are arrested, offence under Section 324 of IPC will be treated as included instead of Section 307 of IPC , for the purpose of bail. Petition is disposed of accordingly. K.HEMA JUDGE vdv