IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6263 of 2008(C) ----------------------------- CRIME NO.44 OF 2006 OF KODANAD POLCIE STATION. .................... PETITIONER/ACCUSD NOS 1 AND 2: -------------------------------------------------- 1. P.P.STEPHEN AGED 31, PANELIKUDY HOUSE CHERANELLOOR P.O.,THOTTUVA, PERUMBAVOOR. 2. SAJI PHILIP AGED 31, S/O. C.L.PHILIP, CHIRAYATH HOUSE, KOOVAPPADY P.O.,PERUMBAVOOR. BY ADV. SRI.JAISON JOSEPH RESPONDENTS/STATE & COMPLAINAT: ---------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE KODANAD POLICE STATION. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6263 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 307 read with Section 34 of Indian Penal Code and Section 27 of Arms Act. According to prosecution, on 16.02.2006, in the evening, the petitioners (accused nos.1 and 2) along with other accused formed into an unlawful assembly and committed the various offences by assaulting the defacto complainant. Weapons were also used for commission of the crime. 3. Learned counsel for the petitioners submitted that the co- accused are granted anticipatory bail by the learned Sessions Judge and hence petitioners may also be extended the same benefit. The incident occurred as early as in 2006. 4. This petition is opposed. Learned Public Prosecutor submitted that this crime was registered as early as in February 2006 and though more than 2 ½ years elapsed, petitioners could not be arrested since they were evading arrest. The first accused used a sword stick and the second accused used an iron rod for commission of the offence. They are required for the purpose of B.A.6263 of 2008 2 recovery of the weapons. The investigation could not be completed and the charge sheet could not be laid. The co-accused are not granted anticipatory bail, but accused nos.3 and 4 are granted regular bail. This is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, I do not think it fit to grant anticipatory bail, considering the nature of allegations made and also taking into account the nature of investigation required. The petitioners interrogation will be required for the purpose of an effective investigation and for recovery of the weapons allegedly used in the offence. The incident occurred as early as on 16.02.2006 and the crime was registered on the same day but the petitioners could not be arrested so far. Hence, petitioners are directed to surrender before the Investigating Officer and co-operate with the investigation and make themselves available for interrogation, within seven days from the date of this order. With this direction, the petition is dismissed. K.HEMA, JUDGE pac