IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Bail Appl..No. 7204 of 2008() ----------------------------- CRIME NO.162/08 OF NEYYARDAM POLICE STATION PETITIONERS/ ACCUSED 1 & 2 ---------------------------------------------- 1. UNNIKRISHNAN @ BIJU, S/O.VISWAMBHARAN, KIZHAKKUMKARA HOUSE,PANDYANPARA, PLAMBAIZHINJI DESOM, OTTASEKHARAMANGALAM VILLAGE. 2. PRAVEESH KUMAR, S/O.VALSALA, KRISHNA VILASOM, ANDUKODE, CHIRAIKKODE VILLAGE, VILAVANKODE TALUK. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7204 of 2008 ----------------------------------------- Dated this the 1st December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 308, 323 and 34 of the Indian Penal Code. According to prosecution, first accused and de facto complainant were on inimical terms with each other, in connection with the marriage proposal. On 10.10.2008, accused 1 and 2, along with other accused went to de facto complainant's house and assaulted de facto complainant. A knife was used by accused 2 and 3 and injury was caused to de facto complainant. 3. Learned counsel for petitioners submitted that petitioners may be allowed to withdraw this petition. This petition is opposed. Learned Public Prosecutor submitted that allegations made are serious in nature and petitioners are required for purpose of interrogation and recovery of weapon used for the offence. Deep stab wounds are caused on de facto complainant. 4. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail, considering the nature of injury and the nature of investigation required. On the facts and circumstances of the case, I am not inclined to allow petitioners to withdraw the case, since it is likely that they may flee from law. BA.7204/08 2 Petitioners are directed to surrender before the investigating officer and co-operate with the investigation. Whether petitioners surrender or not, police is at liberty to arrest them at any time. With this direction petition is dismissed. K.HEMA, JUDGE vgs.