IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 344 of 2009(E) ----------------------------------- CRIME NO.623/2008 OF MANNUTHY POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 5 : ---------------------------------------------- 1. K.J.JAISON, AGED 27 YEARS, S/O.JOHNY, KANJIRATHINGAL HOUSE, LENIN NAGAR, PATTALAKKUNNU, THRISSUR. 2. K.S.SAJEESH @ VAVA, AGED 22 YEARS, S/O.SASI, KIZHAKKEPURAKKAL HOUSE, PATTALAKKUNNU, MANNUTHY, THRISSUR. 3. K.H.FAISAL LIBAN, AGED 26 YEARS, S/O.HABEEBULLA, KURUPPAMVEETTIL HOUSE, PANANCHAKAM, MANNUTHY, THRISSUR. 4. C.J.SIJONY, AGED 26 YEARS, S/O.JOSEPH, CHITTETHPARAMBIL HOUSE, LENIN NAGAR, PATTALAKKUNNU, MANNUTHY, THRISSUR. 5. K.H.SHAMEET @ NACHU, AGED 24 YEARS, S/O.HANEEFA, KARIPPAMKULAM HOUSE, THIRUVANIKKAVU P.O., OLLUKKARA, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANNUTHY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.344 OF 2009 ---------------------------- Dated this the 27th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioners, who are accused nos.1 to 5, trespassed into the house of the defacto complainant's brother and assaulted defacto complainant and his brother in the house. 3. Learned counsel for petitioners submitted that petitioners were coming from Nelliampathy after a tour and their car was intercepted by the defacto complainant and others and petitioners were beaten up, asking why they were going in such a terrific speed etc. The assailants were all drunk and petitioners sustained injuries. Defacto complainant's brother is a police constable and therefore, petitioners apprehend arrest and harassment, it is submitted. It is also argued that incident happened on the road and not inside the house. In the F.I.R., no motive is alleged for commission of the offences. 4. This petition is opposed. Learned Public Prosecutor submitted that two persons sustained injuries at the hands of B.A.No.344 of 2009 2 petitioners and they had used iron pipe and stick and it is not a fit case to grant anticipatory bail. It is also submitted that petitioners names are mentioned in the F.I.R. and they are known to each other. On hearing both sides, I find no special reason why anticipatory bail should he granted. There are only bare assertions from the side of petitioners that the defacto complainant and others were drunk etc. The recovery of the weapon is not effected. In the above circumstances, I am not inclined to grant anticipatory bail. Petitioners shall surrender before the Investigating Officer or before the Magistrate court concerned and co-operate with the investigation without any delay and whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac