IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2973 of 2010() ----------------------------- CRIME NO.291/2010 OF YEROOR POLICE STATION, KOLLAM. (S): PETITIONER/ACCUSED -------------------------------------- SONY, AGED 31, S/O.CHAKRAYUDHAN, SONY BHAVAN, NEDIYARA P.O., NETTAYAM, KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2973 of 2010 ---------------------------------------------- Dated 25th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 326, 308 and 34 of the Indian Penal Code. According to prosecution, petitioner (A4) along with three others, in furtherance of common intention, assaulted the defacto complainant using a stone and thereby committed various offences, out of the previous enmity. 3. Learned counsel for the petitioner submitted that offence under Section 308 of the Indian Penal Code or any other non-bailable offence alleged will not lie on the allegations made in the F.I. statement. It is submitted that petitioner has not used any weapon and there is no specific overt act alleged against him. It is also submitted that none of the other accused are arrested. 4. Learned Public Prosecutor opposes the application and submitted that a stone was used in the offence by the first and second accused and fracture was caused to the nasal bone of the defacto complainant. Petitioner and others have beaten BA NO.2973/10 2 defacto complainant using hands. The attack was made in furtherance of a common intention and petitioner is required for arrest and interrogation. It is also submitted that few months back, there was a quarrel between defacto complainant and his friends and this is the motive for the present crime. It is submitted that accused Nos.1 to 3 are arrested. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor and I find that this is not a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs