IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 5856 of 2008() ----------------------------- CRIME NO. 328/2008 OF CHINGAVANAM POLICE STATION PETITIONER (S/ACCUSED --------------------------------------- 1. SANAL, S/O. KUTTAPPAN, PUTHUPARAMBIL, KURICHI (AGED 41 YEARS) 2. SAJI KUTTAPPAN, S/O. KUTTAPPAN, AGED 42 YEARS, PUTHUPARAMBIL, KURICHI. 3. KUTTAPPAN, S/O. VELAYUDHAN, AGED 82 YEARS, PUTHUPARAMBIL, KURICHI. BY ADV. SRI.B.PREMOD RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5856 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 452, 308 and 323 read with section 34 IPC. According to the prosecution, first accused assaulted defacto-complainant with a sword stick and inflicted injury on the head. Second and third accused fisted and kicked defacto-complainant on several parts of his body. The incident occurred on 20-8-2008 at 11 p.m. 3. Learned counsel for the petitioners submitted that a crime was registered as Crime No.329/2008 against the defacto- complainant on the allegation that on 20-8-2008 at 10 p.m.,second and third accused in this case were assaulted by defacto-complainant etc. They sustained lacerated injuries on the head. Third accused is aged 82 years. The present allegation that petitioners assaulted defacto-complainant is false and it is unlikely that they would assault defacto-complainant, since they were already injured in an earlier incident on the same day and they were hospitalized also. Therefore, petitioners may be granted anticipatory bail, it is submitted. 3. Learned Public Prosecutor submitted that defacto- complainant in this case had sustained a lacerated wound on his head by cutting with a sword stick by first accused. He was BA 5856/08 -2- hospitalized also. But, as far as second and third accused are concerned, the allegations are that they fisted and kicked defacto-complainant. The main allegation is made against first accused. Petitioners are accused 1 to 3 in the crime. 4. On hearing both sides, I find that in the nature of the allegations made in this case against first accused are serious. He had allegedly used a sword stick, which is yet to be recovered and there is corresponding injury also on the head of defacto- complainant. But, as far as second and third accused are concerned, it appears that they had sustained injury on the head allegedly prior to the incident occurred at 10 p.m. The third accused is aged 82 years. The allegations made against second and third petitioners are that they fisted and kicked defacto- complainant. 4. Hence, the following order is passed:- (1) Prayer for anticipatory by first petitioner (1st accused) is rejected. 2) The first petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation and make himself available for interrogation. BA 5856/08 -3- (3) Second and third petitioners (2nd and 3rd accused) shall surrender before the Magistrate Court concerned within seven days from today and if any bail application is filed, they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate on condition that they shall make themselves available for interrogation by the Investigating Officer as and when directed and co-operate with the investigation and shall not commit any offence while on bail. This petition is partly allowed. K.HEMA, JUDGE. mn.