IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6686 of 2008() ----------------------------- CRIME NO.685/2008 OF CHAVARA POLICE STATION PETITIONERS/ A1 TO 3 ---------------------------------------- 1. LAKSHMANADAS, S/O.VISWANATHAPILLAI, KALLAPALLY VADAKKETHIL, PANMANA VILLAGE, CHITTUR MURI, KARUNAGAPALLY TALUK. 2. APPU, S/O.NARAYANAPILLAI, SHRAYAS, PANMANA VILLAGE, CHITTUR MURI, KARUNAGAPALLY TALUK 3. MANU @ SREEVALLABHAN, S/O.VISWANATHAPILLAI, KUNNUMPAZHATHATIL, PANMANA VILLAGE, CHITTUR MURI, KARUNAGAPALLY TALUK. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6686 of 2008 --------------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 326, 294 (b) and 506(ii) read with Section 34 IPC. According to prosecution, petitioners in furtherance of common intention, assaulted defacto complainant using swords and his thump was amputated and he sustained other injuries also. Petitioners are accused nos. 1 to 3. The incident occurred on 8.10.2008 at 6 p.m. near a temple. 3. Learned counsel for petitioners submitted that first accused was brutally attacked by the defacto complainant on 30.9.2008, after trespassing into his house. He was hospitalised for a long period and he was discharged only on 2.10.2008. Medical records are produced as Annexures A1 and A2. It is also submitted that after the discharge, when the first accused was taking rest in his house on 8.10.2008, defacto complainant again trespassed into his house and assaulted first accused and he BA No. 6686 /2008 2 sustained injuries. Though a statement was given to the police by him on the next day, the crime was registered only on 25.10.2008. Learned counsel for petitioners submitted that petitioners have not committed any offence. 4. This petition is opposed. Learned public prosecutor submitted that this is a case where there was a calculated attack on the defacto complainant by all the three accused armed with deadly weapons like sword. He sustained serious injuries including amputation of thump and offence under Section 326 IPC is also included. Petitioners are required for custody, interrogation and recovery of weapons, it is submitted. Though the incident occurred as early as on 8.10.2008. Petitioners were not available for arrest or investigation. This is not a fit case to grant anticipatory bail. 5. On hearing both sides and on going through the records, I find that the facts stated by learned counsel for petitioner only leads to the inference that there were three incidents, on 30.9.2008 and 8.10.2008. According to petitioner, on 8.10.2008, an incident happened in the house of first accused whereas as per the prosecution, an incident occurred at the BA No. 6686 /2008 3 temple premises. Though petitioners would contend that first accused was injured in the incident from his house on 8.10.2008, no document is produced to substantiate the same. Annexures A1 and A2 reveal that there were mainly abrasions and complaints of pain on the first accused, when he was examined on 30.9.2008 by the doctor. The name of accused are not mentioned in the said wound certificate and the place of occurrence is mentioned as near a temple and not at the house. Taking all these facts into consideration, I find that this is not a fit case to grant anticipatory bail. Petitioners are directed to surrender before the Investigating Officer and co-operate with the investigation without any delay. Whether they surrender before the police or not, police is at liberty to arrest them at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE csl