IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 5956 of 2008(B) ------------------------------------- CRIME NO.627/2008 OF THE THAMARASSERY POLICE STATION .................... PETITIONER/ACCUSED NO.1. : ------------------------------------- AHAMED KUTTY, S/O. KADER, AGED 31 YEARS VANKANAKKAL HOUSE, THEKKEKUDIKKIL, RAROTH AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5956 OF 2008 ------------------------------ Dated this the 15th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 308 read with Section 149 of Indian Penal Code. According to the prosecution, on 21.08.2008 at about 8 p.m., while the defacto complainant was proceeding to the market, he was assaulted by the petitioner and others who formed into an unlawful assembly, armed with deadly weapons. The petitioner is the 1st accused and he hit the defacto complainant with an iron rod. The other accused were carrying wooden sticks and they had also assaulted the defacto complainant. 3. Learned counsel for the petitioner submitted that though the allegation is that 11 persons were involved in the offence (accused Nos.1 to 5 and other 6 identifiable persons) and they had also used weapons like iron rod and wooden sticks, the injury sustained by the defacto complainant are minor in nature. There were only abrasion and complaints of headache. Offence under Section 308 of I.P.C. is included only with a view to harass the petitioner and hence anticipatory bail may be granted to the B.A.5956 of 2008 2 petitioner. 4. Learned Public Prosecutor submitted that the injuries sustained are only abrasions and headache and 11 persons were allegedly involved, who used weapons against the defacto complainant. It is however conceded that except offence under Section 308 of I.P.C., all other offence involved in this case are bailable. On hearing both sides, I find that in the nature of allegations made, it may not be fit to grant anticipatory bail, but it is make clear that for the purpose bail, under Section 308 of I.P.C. will be treated as not involved in this case, by the police as well as by the Magistrate court. The incident happened as early as on 21.08.2008 and hence the petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With these observations and direction, this petition is dismissed. K.HEMA, JUDGE pac