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. 5762 of 2008() ----------------------------- CRIME NO. 789/2008 OF KUNDARA POLICE STATION PETITIONER:- -------------------------------- NOWSHAD, AGED 36YEARS, BISMI MANZIL, ELAMPALLOOR, KUNDARA, KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.SREEKUMAR RESPONDENT(S): ---------------- 1. THE SUB INSPECTOR OF POLICE, KUNDARA KOLLAM. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5762 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324, 326, 341 read with section 34 IPC. According to prosecution, petitioner along with his brother (A2) and two others in furtherance of their common intention assaulted defacto-complainant by using weapons like iron rod and wooden sticks and caused grievous injuries on him. A crime was registered under sections 324 and 341 read with section 34 IPC. 3. Learned counsel for petitioner submitted that defacto- complainant assaulted 2nd accused, since he refused to permit installation of a metre in between the shop of 2nd accused and that of defacto-complainant. No incident happened, as alleged, and hence anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner who is the 1st accused had used an iron rod and assaulted defacto-complainant. His brother, 2nd accused, had also beaten defacto-complainant with a wooden stick. In the incident dislocation and loss of teeth were caused to defacto- complainant. Recovery of the weapons is also not effected. This is not a fit case to grant anticipatory bail, it is submitted. BA 5762 /08 -2- 5. On hearing both sides, I am satisfied that petitioner would be required for interrogation and recovery of the alleged weapons used for the offence. In the nature of the allegations made and the nature of investigation required, particularly the recovery of the weapon used for offence, I do not think it fit to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.