IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 Bail Appl..No. 5380 of 2008() ----------------------------- CRIME NO.275/2008 OF CHAVARA THEKKUMBHAGAM POLICE STATION PETITIONERS : ACCUSED A1 & 3 ------------------------------- 1. MANAF, AGED 35, S/O. YUSUF, THUNDAYATH THEKKATHIL, PADINJATTAKKARA MURI, THEVALAKKARA, KOLLAM DISTRICT. 2. SHAJI, AGED 28, S/O.ISMAYIL KUTTY, THUDAYYATH THEKKATHIL, NEDUVILA MIZHAKKETHIL, KADAPPA MURI, MYNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR SRI.P.V.DILEEP RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON 22/09/2008 PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5380 of 2008 ------------------------------------------------- Dated this the 22nd day of September, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioners are accused nos. 1 and 3 in the crime. The alleged offences are under Sections 143, 147, 148, 326, 427 and 452 read with Section 149 IPC. According to prosecution, petitioners formed into an unlawful assembly with other accused in the crime and committed various offences and the de facto complainant sustained grievous injury in the incident. 3. Learned counsel for the petitioners submitted that the assault was made by the second accused and not by the petitioners herein. Therefore, anticipatory bail may be granted to them, it is submitted. 4. Learned public prosecutor opposed this bail application and stated that the petitioners were also members of the unlawful assembly and the first accused asked the second accused to kill the de facto complainant and thereby the second accused cut the de facto complainant with a sword. This is not a BA No.5380/08 2 fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail, considering the serious nature of allegations made. The petition is dismissed. K.HEMA, JUDGE csl