IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Bail Appl..No. 4843 of 2008() ----------------------------- CRIME NO.152/08 THRIKKODITHANAM POLICE STATION, KOTTAYAM PETITIONERS:- ------------------------------ 1. K.A. SEBASTIAN, AGED 51, KIZHEKKETHENGOLIL, MADAPPALLY VILLAGE, CHANGANACHERRY. 2. SHARON K. SEBASTIAN, AGED 20, KIZHEKKETHENGOLIL, MADAPPALLY VILLAGE, CHANGANACHERRY, FINAL YEAR ENGINEERING STUDENT OF SAINT GITS COLLEGE OF ENGINEERING, PATHAMUTTAM, KOTTAYAM. BY ADV. SRI.P.M.SEBASTIAN RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRIKKODITHANAM POLICE STATION, THRIKKODITHANAM, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4843 of 2008 ----------------------------------------- Dated this the 4th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 326, 324, 323 and 34 of Indian Penal Code. According to prosecution, the petitioners, along with three others assaulted the de facto complainant. The petitioners were armed with sticks and in the assault, the de facto complainant sustained dislocation of the shoulder bone. 3. Learned counsel for petitioners submitted that the first petitioner is working in KSRTC and second petitioner is a student in an Engineering College. There was a civil dispute between petitioners and de facto complainant and a false case is cooked up, only with the intention to harass the petitioner. The incident allegedly occurred on 14.7.2008 and the complaint is lodged only on 16.7.2008. 4. This petition is opposed. Learned Public Prosecutor submitted that a grievous hurt was caused by the assault made by petitioners 1 and 2 using wooden sticks. They beat the de facto complainant with the wooden sticks and the de facto complainant was hospitalised and thereafter, on discharge from hospital, he went to the police station and gave the complaint. The de facto BA.4843/08 2 complainant was under the impression that information will be given from the hospital. But the police did not approach the de facto complainant and take a statement. It is also submitted by learned Public Prosecutor that the petitioners are required for custodial interrogation for the recovery of weapon used. 5. On hearing both sides, I am satisfied that in a case of this nature, where grievous hurt is caused and weapons are used, the petitioner will be required for custodial interrogation and recovery. If anticipatory bail is granted, it will adversely affect the investigation. Hence this petition is dismissed. K.HEMA, JUDGE vgs.