IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5347 of 2008() ----------------------------- CRIME NO.576/2008 OF KASARAGOD POLICE STATION PETITIONERS : ACCUSED NOS.1 AND 2: ------------------------------------- 1. MUHAMMED NAZIR @ NAZIR, S/O.IBRAHIM HUSSAIN, AGED 26 YEARS, THOTTATHIL HOUSE, ARIKKADI, BAMBRANA, KASARAGOD TALUK. 2. RAFEEQUE, S/O.MUHAMMED KUNHI HAJI, AGED 31 YEARS, NEERAHALLY HOUSE, MANJESHWAR, KASARAGOD TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5347 of 2008 ------------------------------------------------- Dated this the 17th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 365 and 308 read with Section 34 IPC. According to prosecution, petitioners along with another allegedly took the defacto complainant by force into a vehicle while he was proceeding along the road and assaulted him. Two weapons were used for the offence (one sharp weapon and another is an iron lever). This incident occurred on 17.8.2008 at about 4.15 p.m. 3. Learned counsel for the petitioners submitted that the petitioners were hospitalised , sustained serious injuries in an assault made on them, on 21.7.2008 by the defacto complainant and his brother. In the assault, first petitioner had sustained as many as five incised wounds over the left forearm, upper arm, lower part of the neck, vertex and right thump. Second petitioner had sustained fracture dislocation of PIP joint of right ring finger and he was also hospitalised in connection with the BA No.5347/08 2 said incident. It is highly improbable that within a short span of time, on 17.8.2008, petitioners had forcibly taken the defacto complainant into a vehicle, it is submitted. According to learned counsel for the petitioners, petitioners were not in a physically fit condition to commit the said offence. 4. It is also pointed out that even as per the First Information Statement, the allegation is that the first petitioner had “drawn” on both the hands and back and chest with a sharp weapon. Majority of the injuries sustained are all abrasions also. It is also submitted that the defacto complainant was allegedly beaten with an iron lever on the forehead and when he evaded, it hit on the forehead and he sustained an injury. But, as per the wound certificate, an incised wound is caused on the forehead, which is unlikely to be caused by an iron lever, it is submitted. 5. Learned counsel for the petitioners also argued that the petitioners are totally innocent of the allegations made. A false complaint has been lodged by creating some abrasions on the body and this was done for pressuring petitioners for settling the earlier case, which occurred on 21.7.2008. The defacto complainant and the petitioners are close relatives. The BA No.5347/08 3 FI statement was registered a few days prior to the betrothal of the first petitioner. 6. This petition is opposed. Learned public prosecutor submitted that the defacto complainant sustained incised injury on the forehead and also other abrasions and those are only consistent with the allegations made. Two weapons are used for the offence and those are to be recovered. The investigation is at the initial stage, it is submitted. 7. After hearing both sides, particularly, on going through the case diary and the materials so far available therein, also perusing the documents relating to the injuries sustained by the petitioners in the earlier incident etc., I find that anticipatory bail can be granted to the petitioners. Hence, the following order is passed: (i) Petitioners shall surrender before the Investigating Officer within seven days from today and they shall make themselves available for interrogation and co-operate with the investigation. (ii) Thereafter, in the event of their arrest, if any, BA No.5347/08 4 petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will report before the Investigating Officer as and when directed and co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl