IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2688 of 2010() ----------------------------- CRIME NO.675/08 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM (S): PETITIONER/1ST ACCUSED ------------------------------------------ C.A.BASHEER,S/O.AHAMMED HAJI, CHALUPARAMBIL HOUSE, NANNAMUKKU AMSOM DESOM,CHANGARAMKULAM. BY ADV. SRI.P.K.ANIL RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION, 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2688 of 2010 ---------------------------------------------- Dated 3rd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 326, 307 and 120B read with Section 149 of the Indian Penal Code. According to prosecution, petitioner (A1) along with other accused formed into an unlawful assembly and armed with deadly weapons like knife and iron rod, assaulted defacto complainant, after hatching criminal conspiracy and committed various offences. The incident happened on 15.8.2008. 3. Learned counsel for petitioner submitted that charge sheet is already laid and petitioner is not required for the purpose of investigation. It is also submitted that as per the dictum laid down by the Supreme Court, even in a case where charge sheet is laid, anticipatory bail can be granted. It is also submitted that summons is issued. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner may be directed to seek his remedy before the trial court, since charge sheet is already laid and the BA NO.2688/10 2 case is taken on file as C.P.No.27/10. It is also submitted that accused are alleged to have used iron rod and knife and defacto complainant sustained serious injuries, including fracture. There is a specific allegation against petitioner that he inflicted injury on defacto complainant using knife. 5. On hearing both sides and considering the serious nature of the allegations made by prosecution against petitioner and also the stage of the case and the fact that petitioner was absconding and not available for interrogation, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner has not made out any ground to grant anticipatory bail. I also find that anticipatory bail cannot be granted to petitioner since there cannot be apprehension of arrest, as only summons is issued in this case, as pointed out by learned counsel for petitioner. Petition is dismissed. K.HEMA, JUDGE. tgs