IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 7609 of 2008(E) ----------------------------------------- (CRIME NO. 529/2007 OF THE BEKAL POLICE STATION) ............ PETITIONER/ ACCUSED NO.7: ------------------------------------------- ABDHURAHIMAN, S/O. ASSAINAR, KUNDUKULAMPARA HOUSE, BAVA.P.O., KASARAGODU. BY ADV. MR.SUNNY MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7609 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 323, 324 and 307 read with section 149 IPC. According to prosecution, petitioner along with other accused assaulted de facto complainant and committed various offences on 9-12- 2007. 3. Learned counsel for petitioner submitted that this is only a case under section 324 IPC, but offence under section 308 IPC was later included only to harass petitioner. 4. Learned Public Prosecutor submitted that crime was registered in the year 2007 and investigation is completed and charge sheet is laid. Therefore, police has no intention to arrest petitioner in any non bailable offence. These submissions are recorded. It is also submitted that petitioner may be directed to surrender before the court and seek bail under section 437 Cr.P.C. On hearing both sides, I am satisfied that there is no BA 7609/08 -2- ground to grant anticipatory bail. Petitioner may seek bail under section 437 Cr.P.C. by surrender before the court or on appearance on receipt of summons. This petition is dismissed. K.HEMA, JUDGE. mn.