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. 6292 of 2008() ----------------------------- CRIME NO. 370/2008 OF BEKAL POLICE STATION PETITIONER/2ND ACCUSED:- ------------------------------------------- VIJESH @ BIGESH K.R.@ VIGHU, S/O RAMAN K, SANDHYA NIVAS, P.O. UDUMA, UDUMA VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, REPRESENTING S.H.O. BEKAL 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. 6292 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, petitioner (A2) and 1st accused were travelling in a motor cycle and they were seen fallen down on the side of the road. On seeing this, de facto complainant lighted the torch to ascertain what had happened, accused attacked de facto complainant with iron block and iron rod. Iron rod was used by 2nd accused who is petitioner herein. 3. Learned counsel for petitioner submitted that petitioner was only a pillion rider. There was darkness on the road and motor cycle happened to skid and both of them fell down. De facto complainant lighted a torch and asked them whether they were drunk. He also wanted to open the box of the motor cycle, for which 1st accused was not prepared. This infuriated de facto complainant and there was some quarrel, but nothing of the sort as alleged had taken place, it is submitted. Petitioner is BA 6292/08 -2- absolutely innocent of the allegations and he was only standing by the side of the road holding the motor cycle, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant had sustained serious injuries on his head. He had as many as five injuries on his body. Iron rod and iron block were used against him. It is also pointed out that the incident occurred as early as on 31-8-2008 and the crime was also registered on the very next day, but the petitioner was not available for investigation. Weapon allegedly used by petitioner is not recovered so far and he is required for recovery. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, on considering the nature of the allegations made, the materials in the case diary, the nature of injuries sustained and the weapons used and the nature of investigation required, I am not satisfied that it is a fit case to grant anticipatory bail. The crime was registered as early as on 1- 9-2008 and the investigation is in a stand still, since petitioner has not appeared before the Investigating Officer. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer within seven days from today BA 6292/08 -3- and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest petitioner at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.