IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 6973 of 2008() ----------------------------- CRIME NO. 239/2008 OF NEYYATTINKARA POLICE STATION PETITIONER/ ACCUSED --------------------------------------- AJAYAGOSH, AGED 24 YEARS, S/O.RAGHAVAN, R.V.BHAVAN, THORANAM THALAYKAL, CHAYKKOTTUKONAM, NEYYATTINKARA. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6973 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, petitioner along with other accused committed offences under sections 143, 147, 148, 14 and 308 IPC. Petitioner (A1) along with eight others formed themselves in to an unlawful assembly and assaulted de facto complainant by using chopper because of previous enmity. 3. Learned Public Prosecutor submitted that petitioner had earlier filed an application for anticipatory bail and it was dismissed as per order dated 11-6-2008 in B.A.no.3525/2008. The offence was committed as early as on 13-5-2008 and the crime was registered on the very next day. Petitioner has not surrendered before the police and co-operate with the investigation. He has been absconding, even after the dismissal of the petition in June, 2008. He has not made himself available for arrest and it is not fit a fit case to grant anticipatory bail, it is submitted. It is also pointed out that this Court considered all the relevant facts in Annexure-2 order and found that it was not fit to grant anticipatory bail. There is no reason to come to a different finding now, it is submitted. 4. Learned counsel for petitioner submitted that this is BA 6973/08 -2- the second application for anticipatory bail. He submitted that alleged motive is accepted, the incident would not have been happened, it is submitted. Both do not tally. Learned Public Prosecutor also pointed out that chopper was used by 1st accused and recovery of the weapon is not effected. De facto complainant sustained injuries on the occipital region of the head. 5. On hearing both sides, I find that It is not a fit case to grant anticipatory bail, considering the nature of allegations made and nature of investigation required. 1) Petitioner is directed to surrender before the Investigating Officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further anticipatory bail application will be entertained by tis Court. This petition is dismissed. K.HEMA, JUDGE. mn.