IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6772 of 2008() ----------------------------- CRMP.3262/2008 of DISTRICT COURT, PALAKKAD CRIME NO. 713/2008 OF VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT PETITIONER/ACCUSED:- ------------------------------ JANARDHANAN S/O.MADHAVANAN, AGED 24, MELATTU VEEDU PAYYAKUNDU, ANCHUMURTHYMANGALAM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR , VADAKKANCHERRY POLICE STATION, PALAKKAD DISTRICT, REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6772 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324, 341 read with section 34 IPC. According to prosecution, daughters of de facto complainant and his brother used to be teased by petitioner and this was questioned by de facto complainant. Out of this enmity, petitioner along with three others in furtherance of common intention assaulted de facto complainant. He sustained grievous injuries. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner is permanently residing in Bangalore and he is a driver by profession. His name is deliberately dragged into the case with a view to settle a case lodged by petitioner's uncle against de facto complainant. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was specifically implicated in the incident. He had beaten de facto complainant with iron rod and accordingly, he sustained a fracture also. There was a specific motive also for the crime and it is not a fit case to grant anticipatory bail, it is submitted. Learned Public Prosecutor also BA 6772/08 -2- submitted that petitioner is required for interrogation and recovery of weapon allegedly used by him. 5. On hearing both sides, I find that there are only bare assertions regarding the petitioner's innocence. There are no materials to support plea of alibi. Considering the nature of allegations made and the nature of investigation required, I find it is not a fit case to grant anticipatory bail. Petitioner will be required for recovery of weapon allegedly used by him and interrogation by the police. The incident occurred as early as on 7- 10-2008 and petitioner was not available for investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.