IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 991 of 2010() ---------------------------- CRIME NO.20/2010 OF SAKTHIKULANGARA POLICE STATION. (S): PETITIONERS/ACCUSED NOS. 1 TO3 -------------------------------------------------- 1. ALEX,AGED 53 YEARS,ANI COTTAGE, M.C.C.ROAD,KULAMPARAMBU,THANGASSERY, KOLLAM. 2. ANTONY,AGED 63 YEARS,KOTTAYIL THUNDUPURAYIDAM,THANGASSERY,KOLLAM. 3. AJITH KUMAR @ ANI,AGED 24 YEARS, ANI COTTAGE,M.C.C.ROAD,KULAMPARAMBU,THANGASSERY, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.991 of 2010 ---------------------------------------------- Dated 21st May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 323 and 326 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners (accused Nos.1 to 3) along with the other accused formed into an unlawful assembly on 30.12.2009 and attacked the defacto complainant using a wooden stick etc. and defacto complainant and his wife sustained injuries. The defacto complainant sustained a fracture of the scapula. 3. According to petitioners, this case is absolutely a false one. Actually, defacto complainant sustained injuries at the hands of his own son and he had not sustained any injury at the hands of petitioners. This petition is opposed. 4. Learned Public Prosecutor submitted that defacto complainant sustained a fracture from the petitioners and the weapon used for the offence is not recovered. 5. On hearing both sides, I am satisfied that petitioners will be required for interrogation and recovery of BA NO.991/2010 2 weapon. Hence, this is not a fit case to grant anticipatory bail. Petitioners are directed to appear before the Investigating Officer within seven days from today and co-operate with the investigation. Petition is dismissed. K.HEMA, JUDGE. tgs