IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 3608 of 2010() ---------------------------------------- CRIME NO.371/2010 OF THE KOLLAM EAST POLICE STATION, KOLLAM DIST. ........ PETITIONER (S): ACCUSED 1-3: --------------------------------------------- 1. BEJOY, AGED 23 YEARS, S/O.SHERLY, PUTHUVAL PURAYIDAM, MUNDAKKAL, KOLLAM. 2. SANDEEP, AGED 16 (HE IS IN JUVENILE I) S/O.ANNAMMA, PUTHUVAL PURAYIDAM, MUNDAKKAL, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------- B.A. No. 3608 of 2010 ------------------------------------ Dated this the 12th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners(accused nos. 1 and 3) along with two others, in furtherance of their common intention, assaulted de facto complainant by using swords and iron rods and inflicted injuries on him on 27.02.2010 at about 7.30 P.M and de facto complainant sustained a fracture. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. They have not taken part in the incident. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that first and third accused used sword for commission of the offences and de facto complainant sustained fracture to the left hand and this is not a fit case to grant anticipatory bail. Petitioners are required for the purpose of recovery of the weapons used by them, and custodial interrogation. B.A. No. 3608 / 2010 2 5. On hearing both sides, I am satisfied that considering the serious nature of the allegations made, the nature of injury sustained, the weapons used, the need for custodial interrogation, recovery of the alleged weapons used, I find that this is not a fit case to grant anticipatory bail. If anticipatory bail is granted, it will adversely affect the investigation. Petitioners are bound to surrender and co-operate with the investigation. 6. No further application for anticipatory bail by petitioners will be entertained by this court in this crime hereafter. This petition is dismissed. K. HEMA, JUDGE ln