IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 7187 of 2008() ------------------------------------------ (CRIME NO.445/2008 OF SAKTHIKULANGARA POLICE STATION) PETITIONERS/ ACCUSED 1 & 2: ---------------------------------------------- 1. KRISHNA KUMAR ALIAS SUNI VALIYEZHATHU KIZHAKKETHIL, KANNIMELCHERRY, KAVANADU, KOLLAM. 2. SAJEEV, MOOLANKARA VEEDU, KANNIMEL CHERRY, KAVANADU, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7187 OF 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324 and 308 read with section 34 IPC. According to prosecution, petitioners went to a colony and started showering abuses. When de facto complainant intervened, both of them assaulted him and sword was used for commission of offence. People of the colony rushed to the scene to rescue de facto complainant, while they were also attacked. All those persons sustained injuries at the hands of petitioners. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. It is improbable that petitioners act act in the manner as alleged in a colony and inflicted injuries to so many persons. 4. This petition is opposed. Learned Public Prosecutor submitted that originally there were two more accused and they were deleted from the array of the accused, since their involvement was ruled out. As far as petitioners are concerned, they have used sword and inflicted injuries on several persons. Recovery of weapon is also not effected. Therefore, it is not a fit case to grant anticipatory bail, it is submitted. BA 7187/08 -2- 5. On hearing both sides, considering the nature of allegations made and the nature of investigation required, (recovery of weapon), I am satisfied that this is not a fit case to grant anticipatory bail. Crime was registered as early as on 10-11- 2008 and petitioners are not available for investigation. Hence, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay 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, this petition is dismissed. K.HEMA, JUDGE. mn.