IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5143 of 2008() ----------------------------- CRMP.2351/2008 IN CRIME NO.511/08 OF VADAKKENCHERRY POLICE STATION .................... PETITIONER : ACCUSED ------------------------------------ NOUSHAD, S/O.ABDUL KHADER, 25 YEARS ANJUMOORTHYMANGALAM, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENTS: ------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, VADAKKENCHERRY. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5143 of 2008 ------------------------------------------------------- Dated this the 22nd day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 326 and 294(b) read with Section 34 IPC. On 12.7.2008, at about 6.00 p.m., petitioner along with three other accused, in furtherance of common intention, assaulted the defacto complainant, using weapons like chopper etc. 3. Learned counsel for petitioner submitted that petitioner and others were making an arch in front of their house in connection with the marriage of his sister. Nothing more is stated. On this ground, he requests that anticipatory bail may be granted. 4. This petition is strongly opposed. Learned public prosecutor submitted that petitioner is the 4th accused and he is the person who cut the defacto complainant with a chopper and inflicted a fracture on the hand of the defacto complainant. The weapon could not be recovered and the petitioner could not BA No.5242/08 2 arrested also, though the incident happened early as on 12.7.2008. Granting of anticipatory bail will, hence, adversely affect the investigation, it is submitted. 5. I am satisfied of the submissions made by the learned public prosecutor. If petitioner is granted bail, it may not be possible to recover the weapon used. The petitioner has not surrendered nor could be arrested, though more than a month elapsed after the incident. This is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl