IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7833 of 2008() ------------------------------------ CRIME NO.583/08 OF CHENGANNUR POLICE STATION PETITIONER/1ST ACCUSED : ---------------------------------- SAJEEV, SOUPARNIKA, PENNUKKARA P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.M.R.SASITH SRI.M.R.SASITH RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, BY SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7833 OF 2008 ------------------------------ Dated this the 12th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 323, 324, 308 of IPC. According to prosecution, petitioner is the first accused in the crime. Petitioner along with other accused formed into an unlawful assembly and assaulted defacto complainant and 2 others using iron rod etc. 3. Learned counsel for petitioner submitted that seventh accused applied for anticipatory bail and as per order dated 04.11.2008 in B.A.No.6722 of 2008, this court observed that offence under section 308 of I.P.C. could be treated as excluded for the purpose of bail by the police as well as the court concerned. Therefore the same benefit may be extended to the petitioner also. 4. Learned Public Prosecutor fairly conceded that the injury sustained are only abrasions. On hearing both sides, I find that for the purpose of bail, offence under section 308 of I.P.C. can be treated as excluded B.A.No.7833 of 2008 2 by the court concerned as well as the police but, on the facts of this case, I am not inclined to grant anticipatory bail . i) Petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) If the petitioner is arrested, the offence under section 308 I.P.C. will be treated as excluded. With this direction, petition is dismissed. K.HEMA, JUDGE pac