IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6065 of 2008() ----------------------------- CRIME NO. 153/2008 OF KOORACHUNDU POLICE STATION PETITIONER(S): ACCUSED:- --------------------------- 1. NAVAS.O.K, 29 YEARS, S/O. ABDULLA HAJI, ODAKKAYIL, KEERACHUNDA, P.O. ATHIYODI, KOZHIKODE. 2. ATTOTH MUHAMMED @ MUHAMMED ALI, 24 YEARS, S/O. ABDULLA, KAYANNA AMSOM DESOM, P.O. ATHIYODI, KOZHIKODE. 3. NOUFAL PAYYANA KOTTUMMAL, 20 YEARS, S/O. KUNHIMOIDI, KAYANNA AMSOM DESOM, P.O. ATHIYODI, KOZHIKODE. 4. PARACHALIL SIRAJ, 24 YEARS, S/O. ALIKUTTY, KAYANNA AMSOM DESOM, ATHIYODI, KOZHIKODE. 5. SHAPPULLA PARAMBIL YOUSUS, AGED 18 YEARS, S/O. AMMAD, KAYANNA AMSOM DESOM, ATHIYODI, KOZHIKODE. 6. BASHEER, 36 YEARS, S/O. ABDULLA HAJI, ODAKKAYIL HOUSE, P.O. ATHIYODI. 7. SIRAJ.P.M, 20 YEARS, S/O. MUHAMMED, PULLUPARAMBIL HOUSE, ATHIYODI.P.O, KOZHIKODE. 8. RASHEED.O.K, 22 YEARS, S/O. KUNHAMMED KUTTY, ODAKKAYIL HOUSE, ATHIYODI.P.O. 9. NOUFAL.M.A, 25 YEARS, S/O. AMMED, MEETHALE VEETIL HOUSE, ATHIYODI.P.O. 10. YOUSUF.A, 23 YEARS, S/O. MOOSA, ATTOTH HOUSE, ATHIYODI.P.O, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, KOORACHUNDU POLICE STATION, FEROKE, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6065 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 294(b) and 308 read with section 149 IPC. According to prosecution, petitioners formed themselves into an unlawful assembly, assaulted defacto-complainant and another, by using iron rod etc. 3. Learned counsel for the petitioners submitted that offence under section 308 IPC is included, with a view to harass petitioners. The injuries sustained are minor in nature and there are only contusions and abrasions, though as per the allegation, iron rods were used by a group of persons. All other offences are bailable and hence anticipatory bail may be granted to petitioners, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations, iron rods were used for the offence and defacto- complainant and another person were also attacked. But, it is conceded that the nature of injuries sustained are contusions and abrasions. It is also submitted that the only non bailable offence involved is under section 308 IPC. The incident occurred as early as on 27-8-2008. Only some of the accused were arrested. The weapons allegedly used by petitioners are not so far recovered BA 6065 /08 -2- and therefore, petitioners are required for interrogation, it is submitted by learned Public Prosecutor. 5. On hearing both sides, I find that considering the nature of the allegations made, this is not a fit case to grant anticipatory bail. But for the purpose of bail, it can be treated by the police and court that offence under section 308 IPC is not involved. It is made clear that it is only for the purpose of bail that offence under section 308 has been so treated as excluded. 6. On hearing both sides, I find that petitioners are required for interrogation and recovery of weapons. Hence, petitioners are directed to appear before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE. mn.