IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 452 of 2009() ---------------------------- CRIME NO.961/08 OF KASARAGOD POLICE STATION PETITIONERS -------------------- 1. THASLAIM, S/O. ABOOBACKER, R/AT. VALATOTH HOUSE, PARAVANADUKKAM, KASARGOD. 2. SALAM, S/O. ABOOBACKER, R/AT. VALATOTH HOUSE, PARAVANADUKKAM, KASARGOD. 3. HARIS, S/O. ABDUL RAHMAN, KOMBANADUKKA, CHAMMANAD, KASARGOD. 4. NADEEI, S/O. MOHAMMAD, KAINDER HOUSE, PARAVANADUKKAM, KASARGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KSARGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR,ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 452 of 2009 ----------------------------------------- Dated this the 2nd February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 294 (b), 323 and 325 of the Indian Penal Code. Later offence under Section 325 IPC was altered under Section 326 IPC. 3. Learned counsel for petitioners submitted that as per the allegations, no weapon is used and hence, offence under Section 326 IPC will not be attracted. 4. Learned Public Prosecutor conceded that as per the allegations, no weapon is used and there is only dislocation of shoulder joint and hence, offence under Section 326 is not attracted. 5. On hearing both sides, I find that for the purpose of bail, offence involved will be treated as offence under Section 325 IPC, instead of one under Section 326 IPC. BA.452/09 2 Petitioner shall surrender before the investigating officer and co-operate with the investigation. When he surrenders, offence involved will be treated as one under Section 325 instead of Section 326 IPC. Petition is disposed of accordingly. K.HEMA, JUDGE vgs.