IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7821 of 2008(C) ------------------------------------- CRIME NO.594/2005 OF PIRAVOM POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- C.K.RAJESH, S/O.RAJU, AGED 33 YEARS, KOLANDALIL HOUSE, PIRAVOM VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE AND COMPLAINANT : --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, (INVESTIGATING OFFICER IN CRIME NO.594/2008 OF PIRAVOM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN - 682 031. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7821 OF 2008 -------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 326 read with 34 of I.P.C. According to prosecution, petitioner (first accused) along with 3 others in furtherance of common intention wrongfully restrained the defacto complainant and assaulted him using stone and caused fracture on the facial bone and thereby committed the offences. The incident occurred on 13.11.2008. 3. According to learned counsel for petitioner, petitioner is innocent and the allegations made against him are false. In the F.I.Statement, petitioner is not implicated, subsequently his name is falsely incorporated in the array of accused. Petitioner's name is “Rajesh”, but in the F.I.R., “Rajeesh” is included as first accused. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's and his brother's names are misleading, one is “Rajeesh” and the other is “Rajesh”. The person who is actually involved in the offence is the petitioner, B.A.No.7821 of 2008 2 Rajesh but in the F.I.Statement, his name is given as “Rajeesh”. In the investigation, it is revealed that petitioner is the first accused, though the name is shown as Rajeesh in the F.I.R. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this not a fit case to grant anticipatory bail. The discrepancy in the name is explained in investigation. The incident occurred as early as on 13.11.2008 and petitioner could not be arrested so far. Hence, the following order is passed : i) Petitioner shall surrender before the investigating officer or the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime by this court will be entertained hereafter. The petition is dismissed. K.HEMA, JUDGE pac