IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 7014 of 2008() ----------------------------- CRIME NO.536/2008 OF VALAPPADU POLICE STATION PETITIONERS/ACCUSED 1 TO 5 ---------------------------------------------- 1. RANJITH @ TAMPU, S/O.RAJAN, ARAKKAPARAMBIL HOUSE, P.O.THAMPANKKADAVU, THALIKKULAM, THRISSUR. 2. PRAJEESH, S/O.UNNIKRISHNAN, KORAMKULAM HOUSE, P.O.THAMPANKKADAVU, THALIKKULAM, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALAPPADU POLICE STATION, (CRIME NO.536 OF 2008), VALAPPADU, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7014 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 326 and 307 read with Section 149 IPC. According to prosecution, petitioners (A7 and A6 respectively) formed into an unlawful assembly and armed with deadly weapons, committed various offences and assaulted the defacto complainant. Fracture was caused to the defacto complainant. 3. Learned counsel for petitioners submitted that petitioners are A1 and A5 and their names are not mentioned in the FIR. It is also submitted that all other accused surrendered before the court and they were granted bail. Hence, petitioners may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that petitioners are implicated as A7 and A6 respectively in the FIR. As per the allegations, both of them used iron rods against defacto complainant and fracture was also caused. Petitioners are required for interrogation and recovery BA No.7014 /2008 2 of weapons and on the facts, it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned public prosecutor. In a case of this nature, considering the nature of allegations and nature of investigation required, it is not fit to grant anticipatory bail. Petitioners are required for recovery of weapons used. The crime was registered as early as on 13.9.2008 and petitioners were not available for the purpose of investigation. Hence, petitioners are directed to surrender before the Investigating Officer without any delay and co- operate with investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl