IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2564 of 2010() ------------------------------------------- (CRIME NO.386 OF 2010 OF KANNUR TOWN POLICE STATION,KANNUR DISTRICT) .................... PETITIONER (S): ACCUSED: -------------------------------------------- K.V.MITHUN, S/O.MANOHARAN, B.TECH STUDENT, 'AMBADI', ALAYAVOOR, P.O.VARAM, KANNUR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): STATE: ---------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-18. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No.2564 OF 2010 ----------------------------------- Dated this the 28th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 506(ii), 324, 308 r/w 149 IPC. According to prosecution, petitioner (accused No.2) along with seven others formed into unlawful assembly and armed with weapons like iron rod, hitting block etc., assaulted defacto complainant and committed various offences. 3. Learned counsel for petitioner submitted that petitioner is a student in an engineering college. He had come home to attend a temple festival. Petitioner is innocent of the allegations made. Offence under section 308 will not be attracted in this case. Only an injury of negligible size is sustained by defacto complainant as revealed from the note in the first information statement. 4. On hearing both sides and on consideration of the nature of allegations made and the fact that petitioner will be needed for recovery and interrogation. I am satisfied that this is not a fit B.A. No.2564/10 2 case to grant anticipatory bail. But, on going through the wound certificate, I find that though iron rod etc. were used, injury sustained was a wound having a measurement of 0.5cm on the forehead and small abrasion on left hand. In such circumstances, petitioner has an argument case regarding involvement of offence u/s.308 IPC. 5. Hence, following order is passed: 1) The petitioner surrender before the investigating officer within seven days from today and co- operate with investigation. 2) If he surrenders within such time, offence under section 308 IPC will be treated as not included, for the purpose of bail. This petition is disposed of accordingly. K. HEMA, JUDGE. Sou.