IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 411 of 2009() ---------------------------- CRIME NO.6/2009 OF IRINJALAKUDA POLICE STATION PETITIONER (S): 2ND ACCUSED:- -------------------- VARGHESE @ ANTO, 55 YEARS, S/O.OUSEPH, PARAPPURAM, KADUPPASSERY PO., THRISSUR. BY ADV. SRI.SHOBY K.FRANCIS SRI.PHIJO JOSEPH RESPONDENT(S): COMPLAINANT:- --------------- STATE OF KERALA/SI OF POLICE, IRINJALAKUDA POLICESTATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 411 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324 and 326 read with section 34 IPC. According to prosecution, petitioner (A1) along with 2nd accused in furtherance of common intention assaulted de facto complainant by beating with a stick and caused a fracture. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner was proceeding in a procession in connection with a celebration in a church. He does not know nothing about the incident. His son is informed that he has been implicated as 2nd accused in the crime. He may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner allegedly assaulted de facto complainant and a weapon was also used. Petitioner is required for interrogation and recovery of the weapon used. It is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering the nature of allegations made and the nature of investigation required, I do not think it is a fit case to grant anticipatory bail. Petitioner is BA 411/2009 -2- required for the purpose of investigation and recovery of weapon. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.