IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6100 of 2008() ----------------------------- CRIME NO. 728/2008 OF KANNUR TOWN POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. K.C.PRADEESH, S/O.ANANDAN, AGED 45 YEARS, RESIDING AT ROSE VILLA, KANOOKKARA P.O. THANA, KANNUR-12. 2. SREEJA M.C., D/O.SOMASUNDARAN, AGED 39 YEARS, RESIDING AT ROSE VILLA, P.O.THANA, KANNUR. 3. DEVADASAN K., S/O.CHOYI, AGED 65 YEARS, RESIDING AT NALINALAYAM, P.O.CHOVVA, KANNUR-6. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KANNUR TOWN POLICE STATION, KANNUR DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6100 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 324, 326, 294(b), 506(ii), 307 read with section 34 IPC. According to the prosecution, petitioners who are accused 1 to 3, in furtherance of their common intention wrongfully restrained defacto-complainant, assaulted her, abused her, criminally intimidated her and caused a fracture to the born on the foot. First accused used a wooden stick to commit the offence. 3. Learned counsel for the petitioners submitted that petitioners and defacto-complainant were residing together in the same house. Defacto-complainant is none other than the sister of first petitioner. Parties are all close relatives. There was a dispute in respect of partition of the property. No incident occurred on 28-4-2008 as alleged, and hence no complaint was lodged before the police. Though incident as allegedly taken place on 28-4-2008, the partition was effected on 28-5-2008 as evidenced by partition deed produced along with this petition. It is also submitted by learned counsel for petitioners that petitioner and his wife (2nd petitioner) already shifted from the BA 6100/08 -2- house, since there was an allegation that defacto-complainant attempted to put the child of the 1st petitioner into a well. In such circumstances, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that incident occurred on 28-4-2008 and a crime was registered on the basis of a private complaint dated 29-8-2008 forwarded for investigation. Learned Public Prosecutor also submitted that in the nature of the allegations made, it is not a fit case to grant anticipatory bail. The defacto-complainant sustained a fracture and weapon was also used for the offence. Though crime was registered as early as on 29-4-2008, petitioners are not available for arrest. Weapon has to be recovered. The injury sustained is also serious in nature and hence, anticipatory bail may not be granted, it is submitted. 5. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail, considering the nature of the allegations made and also the nature of investigation required in the case, which includes recovery of weapon allegedly used for the offence. The incident occurred as early as on 28-4-2008 and the crime was registered on 29-4-2008 but so far petitioners could not be arrested. BA 6100/08 -3- Hence, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.