IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6763 of 2008() ----------------------------- CRIME NO.578/08 OF FORT PS PENDING ON THE FILE OF THE JUDICIAL IST CLASS MAGISTRATE COURT-II, THIRUVANANTHAPURAM. PETITIONER ------------------------------ 1. KARTHIKEYAN,S/O. VISWAM ,AGED 21 YEARS TC 41/2283, VIDHYADHIRAJA LANE, MANACAUD PO, THIRUVANANTHAPURAM. 2. RENJITH A.J.,S/O.JAYACHNADRAN SR, AGED 18 YEARS, TC 40/1471,AMBIKA NIVAS, MANACAUD PO, THIRUVANANTHAPURAM. 3. ARUNGOPAL V.,S/O. VENUGOPAL D AGED 20 YEARS, TC 40/822 (1) SREEVIRAHAM, MANACAUD PO, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6763 of 2008 ----------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 326 and 341 read with 34 of the Indian Penal Code. According to prosecution, accused 1 to 3 formed in furtherance of a common intention and assaulted de facto complainant. Soda bottle, iron rod etc. were used for the offence. The de facto complainant sustained fracture on the hand. 3. Learned counsel for petitioners submitted that petitioners are students with no criminal antecedents. De facto complainant is a chronic alcoholic and he used to tease girls. While third accused was going along with his sister, he started teasing them and a quarrel ensued and de facto complainant filed a false complaint against petitioners, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there is a specific motive for committing the offence, as per the allegations. De facto complainant had filed a petition against accused and hence they were offended by this and hence they shared the common intention to commit the offences. First accused had used a soda bottle, second accused used an iron rod BA.6763/08 2 and third accused used a stone for assaulting the de facto complainant and he had sustained a fracture also. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of allegations made, especially since there is no material or circumstances to indicate that the incident happened as alleged by the defence, I find, there is no ground to grant anticipatory bail. The incident occurred as early as on 5.10.2008. Petitioner shall surrender before the investigating officer and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.