IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2737 of 2010() ----------------------------- (CRIME NO.148/2010 OF KANJAR POLICE STATION, THODUPUZHA) APPLICANTS/ACCUSED 1 TO 3 --------------------------------------------- 1. BIJU, AGED 36 YEARS, S/O.KUNJUMON, NEDUMATTATHIL HOUSE, MUTTOM KARA, MOTTOM VILLAGE. 2. MANI, AGED 41 YEARS, BROTHER OF THE IST APPLICANT, S/O.KUNJUMON, NEDUMATTATHIL HOUSE, MUTTOM KARA, MOTTOM VILLAGE. 3. BIJU, AGED 41 YEARS, S/O.THANKAPPAN, MADATHIL HOUSE, SANKARAPPILLY KARA, MUTTOM VILLAGE, BROTHER-IN-LAW OF THE IST APPLICANT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KANJAR POLICE STATION. ADV. SRI.P.P.THAJUDEEN FOR ADDL.R SRI.MANSOOR.B.H. FOR ADDL.R PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 2737 OF 2010 ------------------------------------------------- Dated this the 25th day of May, 2010. ORDER This petition for Anticipatory bail. 2. The alleged offence under Sections 143, 144, 147, 148, 307, 324 read with Section 149 of the Indian Penal Code. According to prosecution, while the defacto complainant was proceeding in a motor cycle the petitioners (A2, A1 and A3) along with other accused formed into an unlawful assembly, wrongfully restrained the defacto complainant and assaulted him using iron rod, choppers etc. and thereby inflicted injuries and attempted to commit murder. The incident happened on 10.4.2010. 3. Learned counsel for petitioner submitted that there was an altercation between two rival groups. The first petitioner is Vice President of District Youth Congress Committee and the defacto complainant is a worker of CPI. They were having enmity towards each other. The 1st and 3rd accused are closely related to the 2nd accused. The defacto complainant attacked petitioners and first accused sustained injury in the incident and he was hospitalized also. The information given to the Doctor was that the injury was sustained in fall apprehending that if a medico legal case is disclosed, he will be put to difficulties. B.A.NO. 2737 OF 2010 2 4. This petition is opposed. Learned counsel for defacto complainant submitted that the defacto complainant was attacked 9 days prior to his marriage. Weapons were used and injuries were inflicted on defacto complainant. He was hospitalized for four days. 5. Learned Public Prosecutor opposed this application and submitted that five crimes are registered against first accused and three crimes are registered against second accused. Proceedings under Section 107 of Cr.P.C are also initiated against them. The defacto complainant sustained injury using choppers and iron rods. The weapons are to be recovered. 6. On hearing both sides, and on considering the facts and circumstances of the case, the serious nature of the allegations made, the stage of investigation, the need for interrogation and the recovery of the alleged weapons of offence. I find that, this is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA,JUDGE. pm