IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 3845 of 2010() ----------------------------------------- (CRIME NO.560/2010 OF KASARAGOD POLICE STATION) PETITIONERS:ACCUSED: -------------------------------------- 1. ASHARAF, S/O.ABOOBACKER, CHATTANCHAL P.O.THEKKIL, KASARAGODE DISTRICT. 2. MUNEER, S/O.MUHAMMED KUNHI, RESIDING AT PALLATHINGAL, P.O.THEKKIL, KASARAGODE DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, (S.H.O.,KASARAGOD POLICE STATION)REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.KOCHI-31. BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3845 of 2010 ------------------------------------ Dated this the 12th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 324, 323 and 308 read with Section 34 of the Indian Penal Code. According to prosecution, on 23.05.2010 at about 11 A.M., de facto complainant wrongfully restrained by second accused and he was assaulted by them and a knife was also used for the commission of the offence. The car belonging to the de facto complainant, in which, they came to the scene was damaged by accused and thereby, all the accused committed the various offences. 3. Petitioners are accused nos. 2 and 3 in the crime. Learned counsel for petitioners submitted that de facto complainant had inflicted injury on the second accused by using iron rod and knife. He sustained fracture on the wrist and also other injuries. To get away from the liability, a false complaint is filed against petitioners, it is submitted. B.A. No. 3845 of 2010 2 4. Learned Public Prosecutor submitted that as per the case diary, de facto complainant had sustained injuries. He had also sustained some lacerated injuries and he was hospitalised. Second accused had wrongfully restrained de facto complainant and third accused had beaten with hands. However, the injuries sustained are simple, it is submitted. 5. On hearing both sides and on going through the case diary and the documents produced, I find that an incident happened, in which, both the parties sustained injuries. The second accused sustained a fracture and de facto complainant also sustained various injuries. Considering the serious nature of the allegations made, I find that this is not a fit case to grant anticipatory bail. Petitioners have not made out any ground to grant anticipatory bail. The mere fact that both sides sustained injuries is not sufficient to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE ln