IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 7850 of 2008() ----------------------------- CRMP.2986/2008 of DISTRICT COURT, KOTTAYAM CRIME NO.699/08 OF KOTTAYAM WEST POLICE STATION PETITIONERS -------------------- 1. VINEETH, S/O. SANJAYAN, AGED 18, MANKEEZHEPPADY HOUSE, AYMANAM VILLAGE, KOTTAYAM DISTRICT. 2. JINEESH, S/O THANKACHAN, AGED 20, VATHAKKODATH HOUSE, AYMANAM VILLAGE,KOTTAYAM DISTRICT. BY ADV. SMT.AYSHA YOUSEFF RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECTURO, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7850 of 2008 ----------------------------------------- Dated this the 23rd January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 324 and 308 read with 34 of the Indian Penal Code. According to prosecution, petitioners (accused 2 and 3), along with first accused, in furtherance of common intention, wrongfully restrained de facto complainant and another and assaulted them using sword stick and iron rod. 3. Petitioners are accused 2 and 3. It is submitted by learned counsel for petitioners that first accused is already released on bail. According to him, the injuries are minor and hence, petitioners may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that accused 2 and 3 used iron rod for committing the offence and first accused used sword stick. The injured sustained incised wound as well as lacerated wound and recovery of weapon is to be effected and hence, it is not a fit case to grant anticipatory bail, it is submitted. BA.7850/08 2 5. On hearing both sides, I am satisfied that considering the nature of allegations made and the nature of investigation required, which include recovery of weapon, it is not a fit case to grant anticipatory bail. The crime was registered as early as on 24.1.2008 and petitioners have not surrendered before the police so far. Petitioners are directed to surrender before the investigating officer and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.