IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL, 2008 / 2ND VAISAKHA, 1930 Bail Appl..No. 2427 of 2008 -------------------------------- (Crime No.233 of 2008 of Vadakkancherry Police Station) PETITIONERS/ACCUSED 1 TO 4: --------------------------------------- 1. MANI ALIAS GUNDUMANI, MOOCHITHODI VEEDU, ANCHUMOORTHY P.O., PALAKKAD. 2. ASOKAN, ETTEACRE VEEDU, KANDANKALI POTTA VALLIYODE, ANCHUMOORTHY P.O., PALAKKAD. 3. MANIKANDAN, AYYAMKULAM MAKRONI, KANCHIKODE, PALAKKAD. 4. RATNAKUMAR, POOKODE VEEDU, VALLIYODE, ANCHUMOORTHY P.O., PALAKKAD. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: STATE & COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERRY POLICE STATION, PALAKKAD (CRIME NO.233/08). BY PUBLIC PROSECUTOR SRI.C.M.NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON 22/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ B.A.No.2427 of 2008 ------------------------------------- Dated this the 22 nd day of April, 2008 ORDER Petitioners are accused 1 to 4 in Crime No.233 of 2008 of Vadakkancherry Police Station, a crime registered for the offence punishable under Sections 447, 308 r/w 34 I.P.C. The allegation is that on 19.03.08 at about 9 p.m, accused 1 to 4 followed the defacto complainant and entered into the compound of the defacto complainant's house and demanded title deeds. When the defacto complainant questioned the demand of the accused, accused Nos.1 and 2 inflicted cut injuries with`koduval' on his head and accused 3 and 4 beat on his legs with iron pipe. The petitioners plead that they are innocent of the allegations and pray for an order under Section 438 Cr.P.C in favour of them. 2. I have heard the learned counsel for the petitioners as well as the learned Public Prosecutor. The learned Public Prosecutor opposed the application stoutly stating that Section 308 I.P.C is involved. The weapon has to be recovered and therefore custodial interrogation is absolutely necessary. Hence anticipatory bail may not be granted to the petitioners, it is submitted. B.A.No.2427 of 2008 2 3. The specific case of the prosecution is that it is accused Nos.1 and 2, who inflicted the injuries with `koduval' and iron pipe. Therefore considering the seriousness of the allegations, I am not inclined to grant anticipatory bail in favour of the petitioners. But this application can be disposed of directing the petitioners to surrender before the Magistrate Court concerned. 4. In the result, it is directed that the petitioners shall appear before the learned Magistrate concerned where Crime No.233 of 2008 of Vadakkancherry Police Station is pending and on moving the petition for regular bail, the learned Magistrate shall proceed to dispose of the same on merits. With the above observations, this bail application is disposed of. (V.K.MOHANAN, JUDGE) rtr/-