IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4311 of 2008() ----------------------------- CRIME NO. 1106/2008 OF CENTRAL POLICE STATION PETITIONERS ---------------------------- 1. SHIBU, AGED 32 YEARS, S/O.VARGHESE, KOLENCHERY HOUSE, RAMESWARAM VILLAGE, PULLAR DESOM, PALLURUTHY, KOCHI - 6. 2. UDAYAN, AGED 45 YEARS, S/O.NATARAJAN, RAMESWARAM VILLAGE, PULLAR DESOM, PALLURUTHY, KOCHI - 6. 3. JUDY, AGED 40 YEARS, S/O.PAPPACHAN, THATTANVALIYIL, EDAKOCHI VILLAGE. BY ADV. SRI.SAIRA PHIROZ SRI.SUNILA SELVAN RESPONDENT: ------------- STATE OF KERALA, REP. BY DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4311 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 323, 341 and 326 read with section 34 IPC. Petitioners are accused 1 to 3 in the crime. According to the prosecution, accused 2 and 3 pulled the defacto-complainant by hand and wrongfully restrained him facilitating the 1st accused to beat him with iron road and the 1st accused thereby caused fracture to the skull by beating. All of them assaulted the defacto-complainant, thereafter. 3. Learned counsel for the petitioners submitted that the petitioners are totally innocent of the allegations made. The defacto-complainant had hired an autorickshaw from the 1st petitioner and he had given back the same also. But, initially he resisted returning the same and there were repeated demands to return the same. Because of this, the defacto- complainant developed some enmity towards the petitioners. The defacto- complainant is a drunkard and he falls down under intoxication frequently and in this case also, he had fallen down and sustained injury. The defacto- BA 4311/08 -2- complainant, thereafter, gave a false statement to the police based upon which, the petitioners were implicated in the offence. 4. . On going through the wound certificate it is seen that there is no smell of alcohol. The learned Public Prosecutor submitted that petitioners are required for the purpose of recovery. Though the incident happened on 4-6-2008, they were not available for arrest or for recovery of the weapon used. On hearing both sides and on considering the various aspects, I am satisfied that this is not a fit case to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.