IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3723 of 2008() ----------------------------- CRIME NO.369/2008 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED 1 TO 5 ------------------------------------------- 1. SAJI, S/O. FRANCIS, AGED 23 YEARS, SAJI VILASOM, ANAPPARA, PADAPPAKKARA, KUNDARA, KOLLAM. 2. MANOJ, S/O. LAWRENCE, AGED 20 YEARS, MANJUVILASAM, ANAPPARA, PADAPPAKKARA, KUNDARA, KOLLAM. 3. WELLINGTON, S/O. RAYMOND, AGED 30 YEARS, MARYVILASOM, PUTHEN VEEDU, ANAPPARA, PADAPPAKKARA, KUNDARA, KOLLAM. 4. JOY, S/O. LAWRENCE, AGED 36 YEARS, JOY VILASOM, N.S NAGAR, PADAPPAKKARA, KUNDARA, KOLLAM. 5. LAWRENCE, AGED 42 YEARS, MANJUVILASAM, ANAPPARA, PADAPPAKKARA, KUNDARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COPLAINANT: ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3723 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 O R D E R Application for anticipatory bail. 2.According to the prosecution, the petitioners five in number formed themselves into an unlawful assembly and voluntarily caused grievous hurt to the defacto-complainant by assaulting him using iron rod, sword, etc. A crime was registered on the basis of the statement given by the defacto-complainant under sections 143, 147, 148, 323, 324 and 326 read with section 149 IPC. 3. The learned counsel for the petitioners submitted that there was an attack on the accused in this case by the defacto-complainant. Actually, they were attacked by the defacto-complainant and the accused were injured and hospitalized. A crime was registered on the basis of a statement given by the accused as Crime No.371/2008. It is also submitted that the defacto-complainant has connection with a sand mafia and the petitioners were objecting to his illegal activities and hence he was motivated against the petitioners to commit the offence. The petitioners are totally innocent of the allegations made, it is submitted. -2- 4. The learned Public Prosecutor submitted that the weapons like sword and iron rod which were used by the accused are to be recovered and the petitioners are required for custodial interrogation. It is also submitted that the defacto-complainant is injured and he is hospitalized. 5. In the above circumstances, I find that the petitioners will be required for the purpose of investigation and interrogation and it may not be proper to grant anticipatory bail, especially since the petitioners could not substantiate that the defacto complainant is the aggressor. The application is dismissed. K. HEMA, JUDGE. mn.