IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 3047 of 2010() ----------------------------- CRIME NO.278/10 OF VADAKKEKARA POLICE STATION, ERNAKULAM DIST. (S): PETITIONERS/ACCUSED --------------------------------------- 1. MIDHUN @ APPUKUTTAN, AGED 24 YEARS, S/O.SIVAN, KAPPUNGAL HOUSE, P.O.KUNJITHAI, VADAKKEKARA, NORTH PARAVUR. 2. MANEESH, AGED 21 YEARS, S/O.MANI, MAKKAMPARAMBU HOUSE, P.O.KUNJITHAI, VADAKKEKARA, NORTH PARAVUR. 3. ABI, AGED 23 YEARS, S/O.BAVA, THAIPARAMBIL HOUSE, P.O.KUNJITHAI, VADAKKEKARA, NORTH PARAVUR. 4. JAISON, AGED 24 YEARS, S/O.JAMES ROCHA, THAIKKAD HOUSE, P.O.KUNJITHAI, VADAKKEKARA, NORTH PARAVUR. BY ADV. SRI.V.A.PRADEEP KUMAR RESPONDENT(S): COMPLAINANT -------------------------- KERALA STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3047 of 2010 ---------------------------------------------- Dated 27th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 324 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, on 15.4.2010 at about 5.30 p.m., petitioners (accused Nos.6, 7, 5 and 4) along with three persons formed into an unlawful assembly and armed with wooden stick, assaulted defacto complainant and his friend(CW2) and they sustained injuries and petitioners committed various offences. 3. Learned counsel for the petitioners submitted that petitioners' names are not mentioned in the F.I. statement. Even according to prosecution, petitioners have only used their hands and they have not inflicted any injury on CW2. 4. Learned Public Prosecutor pointed out that though no weapon is allegedly used by petitioners, CW2 was assaulted by them according to his version and he also sustained injuries. He had bleeding from the nose. 5. On hearing both sides and considering the nature of BA NO.3047/10 2 allegations, I am satisfied that this is not a fit case to grant anticipatory bail. However, I make it clear that consideration of granting bail under Section 437 of the Criminal Procedure Code will be different from considerations for granting anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. tgs