IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6250 of 2008() ----------------------------- CRIME NO. 47/2008 OF EZHUKONE POLICE STATION PETITIONER (S): ACCUSED --------------------------- 1. CHANDRAHASAN, S/O. VIDHYADHARAN, KINATTUVILA THAYATHIL, KAREEPRA VILLAGE, KOTTARAKKARA, KOLLAM. 2. VIJAYAKUMAR, S/O. KUTTAPPAN NADAR, LAKSHMI BHAVAN, -DO- 3. ANILKUMAR, S/O. VELAYUDHAN, VELAYUDHA MANDIRAM, KAREEPRA VILLAGE, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6250 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of October,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 326, 324 read with section 34 IPC. According to prosecution, petitioners (A1 to A3) in furtherance of their common objection assaulted de facto complainant by using measuring weight and also iron block and inflicted a fracture on the rib on 17-8-2008. 3. Learned counsel for petitioners submitted that there was only an altercation and no injury was inflicted on de facto complainant. De facto complainant was hospitalized only after two days of the incident and petitioners are not responsible for the rib fracture. The rib fractured can be caused even by a fall, it is submitted. It is also submitted that there is a delay in registration of the crime. It was registered only on 26-8-2008. 4. This petition is opposed. Learned Public Prosecutor submitted that a fracture was caused in the incident and the pain got aggravated by two days and then only de facto complainant was taken to hospital. But that does not mean that de facto complainant did not sustain any injury. Measuring weight and iron block were used for the commission of offences. These are to be BA 6250 /08 -2- recovered. If petitioners are granted anticipatory bail, recovery will not be possible. 5. On hearing both sides I am satisfied that petitioners are required for interrogation and recovery of weapons. If anticipatory bail is granted, there may not be an effective investigation. The incident occurred as early as on 17-8-2008 and petitioners have evaded arrest. On the facts of the case, it is not a fit case to grant anticipatory bail. Hence, petitioners are directed to surrender before the Investigating Officer within ten days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.