IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 4252 of 2010() ----------------------------- CRIME NO.224/2010 OF CHITTANIKKAL POLICE STATION, KASARAGODE DIST. (S): PETITIONERS/ACCUSED --------------------------------------- 1. RATHEESH, S/O.VELAYUDHAN, AGED 25 YEARS, NARAMBACHERY, WEST ELERI VILLAGE, HOSDURG TALUK. 2. V.KUNHIKRISHNAN, S/O.CHANDRAN, AGED 37 YEARS, NARAMBACHERY, WEST ELERI VILLAGE, HOSDURG TALUK. BY ADV. SRI.P.F.FRANCIS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHITTANIKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4252 of 2010 ---------------------------------------------- Dated 19th August, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 326 read with Section 34 of the Indian Penal Code. According to prosecution, on 12.6.2010, at about 10.30 p.m., petitioners assaulted defacto complainant, in furtherance of common intention, by using a stick and inflicted serious injuries. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. They are ready to co-operate with the investigation. They are the sole bread winners of the family. They apprehend custodial violence at the instance of defacto complainant. 4. This petition is opposed. Learned Public Prosecutor submitted that fracture was caused to the collar bone of defacto complainant and the offence committed is of serious nature. 5. On hearing both sides, I am satisfied that no ground is made out to grant anticipatory bail. Considering the gravity of the offence committed and the serious nature of the injuries BA NO. 4252/10 2 sustained, I do not think that this is a fit case to grant anticipatory bail. Petitioners are bound to surrender and co-operate with the investigation. No further application for anticipatory bail by petitioners in this crime will be entertained by this Court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs