IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 Bail Appl..No. 3743 of 2008() ----------------------------- CRIME NO. 351 OF KOTTIYAM POLICE STATION PETITIONERS/ACCUSED 3,4 & 5 -------------------------------------------- 1. SAJEEV, S/O.SAHADEVAN, PAMKONATH VEEDU, KURUMANA, MUKHATHALA, KOLLAM. 2. SUJEESH, S/O.SOMARAJAN, SUJITHA MANDIRAM, KURUMANNA, MUKHATHALA, KOLLAM. 3. VINOD, S/O.YESODHA, PAPPANADU VEEDU, KURUMANNA, MUKHATHALA, KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3743 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2008 O R D E R Application for anticipatory bail 2. According to the prosecution, petitioners along with other accused trespassed into the shop of the defacto-complainant and they placed sword on his neck and threatened him. They also assaulted him, after forming into an unlawful assembly. This application is opposed. The learned Public Prosecutor submitted that none of the accused are arrested, since they were absconding. Swords are used for the commission of the offence and recovery is to be effected. The petitioners are required for custodial interrogation also. 3. The learned counsel for the petitioner submitted that this is a false case. A side mirror of the autorickshaw happened to hit on the defacto- complainant and there was an altercation on account of this and nothing of the sort happened as alleged. 4. On hearing both sides I am satisfied that it is not proper to grant anticipatory bail, especially since recovery of weapons is to be effected and the petitioners are unable to substantiate even prima facie, the counter BA 3743/2008 -2- allegations made. The learned counsel for the petitioner submitted that the petitioners are prepared to surrender before the court below. They may do so, if so advised. The application is dismissed. K. HEMA, JUDGE. mn.