IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7071 of 2008() ----------------------------- CRIME NO.207/08 OF THRIKUNNAPPUZHA POLICE STATION PETITIONER: -------------------- KUTTAN, 54 YEARS S/O.KRISHNAN, RAMAMANGALAM MAHADEVIKADU P.O., KARTHIKAPPALLY. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7071 of 2008 ----------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 294(b), 506 (ii), 342, 326 and 34 of the Indian Penal Code. According to prosecution, petitioner, along with other accused, in furtherance of common intention trespassed into the property of de facto complainant, abused him in obscene language, criminally intimidated him, wrongfully confined him and also assaulted him. He sustained grievous hurt. 3. Learned counsel for petitioner submitted that other accused are granted bail. De facto complainant is involved in various other crimes. Hence, petitioner may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that it was the first accused, who had beaten de facto complainant with the spade whereby de facto complainant sustained a fracture on his right hand. It is not a fit case to grant anticipatory bail, especially since petitioner's interrogation is required for the purpose of recovery of weapons. BA.7071/08 2 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. Considering the nature of allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. The crime was registered as early as on 27.10.2008 and petitioner has not surrendered before the court or the investigating officer so far. Hence, petitioner is directed to surrender before the investigating officer without any delay and co-operate with the investigation. Whether petitioner surrenders or not, police is at liberty to arrest him at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.