IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4667 of 2008() ----------------------------- (CRIME NO.46/2008 OF KASARAGOD POLICE STATION) PETITIONER/ACCUSED ----------------------------------- 1. A2 -- RANI, AGED 25 YEARS, W/O.MURUKAN, CHATTAMKUZHI, KASARAGOD. 2. A4 -- MANJULA, AGED 23 YEARS, W/O.M.R.RAJAN, KOTTAMCHITHIRA (HOUSE), KOTAIKKANAL, TAMIL NADU. 3. A5 -- VANKATTI, AGED 20 YEARS, DHARMARAJAN @ DAMAN, PAVARATAM VEEDU, VATASSERY, MATHIL VILLAGE, PATHUR. NOW AT CHATTAMKUZHI. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4667 of 2008 ----------------------------------------------- Dated this the 6th day of August, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, the petitioners along with other accused constituted an unlawful assembly armed with with deadly weapons like iron pipe etc. trespassed into the dwelling house of the deceased and assaulted of the deceased and assaulted him. On the basis of the statement given by the injured, a crime was registered under Sections 323 and 324 of IPC. After 11 days, he died and other sections under the IPC were also included. 3. Learned counsel for the petitioner submitted that accused nos.1 and 2 were arrested and they were released on bail. The petitioners now apprehend arrest. Petitioners are arrayed as accused nos.5, 3 and 4 respectively in the crime. They are women and they have not committed any offence and they have only rushed to scene on hearing the commotion. A1 and A2 were taking liquor in the company of the deceased and there was some altercation between them and an incident happened, for which, the petitioners are not responsible, it is submitted. [B.A.No.4667/08] 2 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioners' involvement is clearly revealed from the case diary and it is not correct to say that they have no knowledge about the incident. On hearing both sides, I am satisfied that in an offence of this nature, it may not be proper to grant anticipatory bail. The incident occurred on 16.1.2008 and they were not arrested so far. This petition is dismissed. K. HEMA, JUDGE. Krs.