IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5803 of 2008() ----------------------------- CRMP.2531/2008 of DISTRICT COURT, PALAKKAD .................... (CRIME NO.388/08 OF PATTAMBI POLICE STATION) PETITIONER/ 1ST ACCUSED: --------------------------------- RAVI, S/O.KRISHNAN, AMBALADATH HOUSE, CHOORAKKODE P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS(S): COMPLAINANT: ---------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------- Bail Appl.No. 5803 of 2008 -------------------------------------------------- Dated this the 22nd day of September, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, the petitioner along with other persons allegedly formed into an unlawful assembly and assaulted the de facto complainant and others and caused grievous injuries etc. The petitioner is the first accused. 3. According to learned counsel for petitioner, the police conducted a raid in the toddy shop where the de facto complainant was working as salesman. There was sale of spirit from the toddy shop and there was public protest against this. Even after the raid, the business in the toddy shop was continued and hence the public in the locality gathered in front of the toddy shop and there was some altercation and some incident occurred. Petitioner is innocent of the allegations made. 4. This petition is opposed. Learned Public Prosecutor submitted that specific overt acts were alleged against the [B.A.No.5803/08] 2 petitioner, who is the first accused herein. As per the allegations in the first information statement, the de facto complainant is a salesman in a toddy shop and it was made to be closed forcibly by the intervention of the petitioner and others on 17.6.2008 in the afternoon. In the evening at about 5 p.m. the petitioner and others again came to the toddy shop to see that the shop was closed. A motor cycle belonging to one Ramachandran was pushed down, while he resisted the same. The accused then wrongfully restrained Ramachandran and A1 hit him with a brick. He was also kicked when he fell down. 5. The said Ramachaandran was taken to the verandha of the shop and made to lie there. The assailants again approached Ramachandran, while de facto complainant intervened and the first accused pelted stone on de facto complainant and he sustained injury and Ramachandran was again pulled down to the courtyard by the assailants and he was again assaulted. People gathered there and the assailants disbursed and the injured were taken to hospital. It is submitted by learned Public Prosecutor that in an offence of this nature anticipatory bail may not be granted. Fracture was caused to the nasal bone in the incident and weapon was also used. [B.A.No.5803/08] 3 6. On hearing both sides, the involvement of the petitioner, who is the first accused, is clear from the first information statement itself. Though assertions are made that incident did not take place as alleged, on going through the case diary at this stage, I cannot accept the bare assertions which are not supported by any material. According to me, this is not a fit case to grant anticipatory bail. 7. Learned counsel for the petitioner, however, submitted that the petitioner is prepared to surrender before the Magistrate court or the investigating officer and a direction may be issued to dispose of the bail application without delay. 8. If the petitioner surrenders before the investigating officer within 7 days from today and is produced before Magistrate court concerned and any bail application is filed, it shall be disposed of in accordance with law on merit by learned Magistrate as expeditiously as possible. With this direction, petition is dismissed. K. HEMA, JUDGE. Krs.