IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 7775 of 2008() ----------------------------- CRMP.1911/2008 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.663/08 OF THIRUVALLA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- MADHU, AGED 23 YEARS, S/O.SOMAN, MATTIBHAGOM VEEDU, CHALAKKUZHY MURI, KAVUMBHAGOM VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7775 of 2008 ----------------------------------------- Dated this the 16th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 149, 324 and 308 read with 34 of the Indian Penal Code. According to prosecution, first accused and son of de facto complainant were on inimical terms with each other. On the date of occurrence, on 11.9.2009, first accused, along with other accused, formed themselves into an unlawful assembly and trespassed into the courtyard of the house of de facto complainant and armed with deadly weapons like hockey stick etc., assaulted de facto complainant, her husband and her son and daughter-in-law. All of them sustained injuries. The accused went to the house, in search of de facto complainant's son and on seeing him, he was assaulted and when others intervened, they were also assaulted. 3. According to petitioner, no offence is made out against petitioner as per the allegations in the FIR. Allegations are insufficient to constitute an offence under Section 308 IPC. Injuries sustained are trivial in nature, it is submitted. BA.7775/08 2 4. Learned Public Prosecutor opposed this application and submitted that there is specific allegation against accused that he had used a hockey stick to assault de facto complainant. De facto complainant sustained injuries on the head and there was bleeding from the head. She had also lacerated wound. Petitioner and others trespassed into the property and they assaulted the persons who intervened and they also sustained injuries. This is not a fit case to grant anticipatory bail, it is submitted. The crime is registered as early as on 12.9.2008 and the weapons are not so far recovered. 5. On hearing both sides, considering the serious nature of allegations made and the nature of investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 12.9.2008 and petitioner is not available for interrogation and recovery of weapon. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. BA.7775/08 3 (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.