IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3464 of 2008() ----------------------------- CRIME NO.300/08 OF VADAKKEKARA POLICE STATION PETITIONERS / ACCUSED -------------------------------------- 1. PRAJEESH, S/O.PRATHAPAN, AGED 31, NETTARANASSERIL HOUSE, MALIANKARA, MOOTHAKUNNAM. 2. SHANI, S/O.SASI, AGED 24, MOOTHALNDASSERIL HOUSE, MALIANKARA, MOOTHAKUNNAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: 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 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3464 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioners are accused 1 and 2 and they assaulted the defacto complainant with a wooden stick and caused a fracture to his hand. A crime is registered against them under Sections 323, 326 and 34 of Indian Penal Code. 3. The incident occurred on 11.5.2008 at about 4.30 PM. Learned counsel for petitioners submitted that the petitioners were attacked on account of rivalry between two teams in a cricket tournament and the allegations made against the petitioners are not correct. He is prepared to co-operate with the investigation. 4. This petition is opposed. Learned Public Prosecutor submitted that recovery is not effected and the petitioners are required for custodial interrogation. Except a bald assertion from the part of the petitioners that they are innocent, there is nothing to substantiate the same. In the light of the submissions made by learned Public Prosecutor, I do not find that it is a fit case to grant anticipatory bail, since custodial interrogation is required for recovery of weapons. This petition is dismissed. K.HEMA, JUDGE vgs.