IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7294 of 2008() ----------------------------- CRIME NO.1147/08 OF VATAKARA POLICE STATION PETITIONER/ ACCUSED NO.4 -------------------------------------------- CHANDRA SEKHARAN, TEACHER, AGED 42 YRS, S/O.GOPALAN NAIR, MEETHALE PUTHIYOTTIL HOUSE, P.O.MEMUNDA, VILLIAPPALLY AMSOM, MEMUNDA DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7294 of 2008 ----------------------------------------- Dated this the 8th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 307 and 149 of the Indian Penal Code. According to prosecution, petitioner (fourth accused), along with other accused, formed into an unlawful assembly and armed with deadly weapons like sword and iron rod, assaulted de facto complainant and one Balachandran on 15.10.2008 and caused grievous hurt and also attempted to commit murder in prosecution of the common object of the unlawful assembly. 3. Learned counsel for petitioner submitted that petitioner is a school teacher, who has no criminal antecedents. He happened to be a worker of BJP and hence, his name is falsely implicated in the crime. It is submitted that de facto complainant and the injured would not have been in a position to identify the accused, since as per the FIR itself, the neighbours have come to the scene by lighting torch. The incident occurred on the road. It is also submitted that the BA.7294/08 2 injuries sustained are minor as seen from the body note in the First Information Statement. Injuries are only on the hand and the leg and the offence under Section 307 is incorporated only because injured happened to be a worker of CPI(M), which is a ruling party. 4. Learned Public Prosecutor opposed this bail application and submitted that specific overt act is alleged against petitioner that he had assaulted de facto complainant and another using a sword. It is also submitted that grievous hurt was caused to de facto complainant and he had sustained fracture. It is not correct to say that the injuries are minor. Petitioner's name is mentioned in the First Information Statement itself, which was given without any delay. In the above circumstances, anticipatory bail may not be granted, it is submitted. Recovery of weapon is also to be effected, for which purpose, petitioner's interrogation will be required. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. Considering the serious nature of the allegations made and the nature of BA.7294/08 3 investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. Regarding the innocence of the petitioner and his non-involvement, there are only bare assertions as against the allegations made in the First Information Statement itself. The incident occurred as early as on 15.10.2008 and the investigation is in a stand still. Petitioner is directed to surrender before the investigating officer or before the Magistrate Court and co-operate with the investigation. Whether he surrenders or not, petitioner is at liberty to arrest him and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.