IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 6960 of 2008(F) ------------------------------------- CRIME NO.125/08 OF MARAYOOR POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3 : --------------------------------------------- 1. DESIAN, AGED 30 YEARS, S/O.MURUGAN, MANI HOUSE, PUTHOOR GRAMAM, KANTHALLOOR VILLAGE, DEVIKULAM TALUK. 2. ANEESH KUMAR, AGED 30 YEARS, S/O.MUTHUSWAMI, KEEZHVEEDU, HOUSE, PUTHOOR GRAMAM, KANTHALLOOR VILLAGE, DEVIKULAM TALUK. 3. ESWARAN @ RAMANANDHAN, AGED 33 YEARS, S/O.RAMASWAMI, KEEZHVEEDU HOUSE, PUTHOOR GRAMAM, KANTHALLOOR VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL SRI.S.RAJEEV RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.6960 OF 2008 ---------------------------------- Dated this the 30th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 326, 341 308 read with 34 of I.P.C. According to prosecution, accused nos.1 to 3 in furtherance of common intention wrongfully restrained the defacto complainant and assaulted him with chopper and handle of a spade and caused grievous hurt. 3. According to learned counsel for petitioners, first accused and the defacto complainant's father are not in good terms due to some civil dispute. On the date of occurrence, the defacto complainant came to the house of first accused along with others and assaulted first accused, while accused nos.2 and 3, who are neighbours came rushing to the scene. They were also assaulted using chopper and sickle and accused nos. 2 and 3 sustained various incised injuries and also fracture to the nasal bone, as evidenced by the medical certificates produced as Anexures B and C. 4. A crime was also registered on the basis of the B.A.No.6960 of 2008 2 statement given by third accused, as crime no.124/2008 under Sections 324, 294(b) and 34 of I.P.C. Though a fracture was caused as evidenced by the overleaf of Annexure B, the police has deliberately not included offence under Section 326 I.P.C. The incident happened on 24.08.2008 at 4 p.m. in the compound of the first petitioner's house and defacto complainant and others have actually trespassed into the first accused's house and committed the offences. 5. Learned Public Prosecutor submitted that offence under Section 308 I.P.C. was later included and according to prosecution, there is amputation of index finger by the defacto complainant. However, it is fairly conceded that the wound certificate does not reveal such amputation. The defacto complainant sustained lacerated injuries on the head etc. On hearing both sides and on going through the case diary as well as the documents produced by the accused, I find that accused nos.2 and 3 have sustained several incised wounds of considerable nature. Third accused also sustained a fracture to the nasal bone and the incident occurred, admittedly, in the compound of first accused. On going B.A.No.6960 of 2008 3 through the wound certificate issued to defacto complainant, no fracture is indicated therein but the injuries sustained are all lacerated wounds, though chopper is allegedly used. I am satisfied that petitioners have a strong case of self defence to be advanced during the trial and if petitioners are refused anticipatory bail, it will result in irreparable injury and loss. Therefore, I am persuaded to grant anticipatory bail to petitioners on conditions. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer within three days of their release on bail and co-operate with the investigation. B.A.No.6960 of 2008 4 ii) Petitioners shall report before the Investigating Officer as and when directed. ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac