IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 8041 of 2008(A) ------------------------------------- AGAINST THE ORDER IN BA.7121/2008 Dated 27/11/2008 CRIME NO.276/2008 OF CHALISSERY POLICE STATION .................... PETITIONER/ACCUSED NO.1 : ------------------------------------ S.BINOJ 27 YEARS, S/O.M.K.SIVARAMAN VADAKKE CHIRAKKAL VEEDU KOTHACHIRA POST OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE CHALASSERY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.8041 OF 2008 -------------------------------- Dated this the 6th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 308 read with 149 I.P.C. According to prosecution, petitioner (A1) along with other accused armed with deadly weapons, like iron rod, attacked the defacto complainant and others and inflicted injuries on them. Defacto complainant sustained a fracture and other serious injuries. 3. Learned counsel for petitioner submitted that other accused are granted bail by the court and hence, petitioner may be granted anticipatory bail. The earlier application for anticipatory bail was dismissed by this court as per Annexure A4 order dated 27.11.2008 in B.A.No.7121 of 2008. 4. This petition is opposed. Learned Public Prosecutor submitted that the earlier application for anticipatory bail was dismissed by this court after considering the contentions in detail and there is no special reason for invoking provision under Section 438 Cr.P.C. B.A.No.8041 of 2008 2 On hearing both sides, considering the serious nature of the allegations made and the fact that this is the second application for anticipatory bail and there is no special reason or circumstance which persuades this court for granting anticipatory bail, I am not inclined to grant anticipatory bail. The fact that the co-accused are granted bail by this by itself is not a ground to grant anticipatory bail. I have already held in the Annexure 4 order that petitioner was not able to point out any circumstances which would probabilise his innocence or non involvement in the crime and there is only a bare assertion that he is implicated in every case where there is a political clash. The crime is registered as early as on 30.09.2008 and petitioner is not surrendered so far in spite of lapse of so many months. Hence, the following order is passed : i) Petitioner shall 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. B.A.No.8041 of 2008 3 ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac