K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 287 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Section 143, 147, 148, 323, 324, 308 r/w s. 149 of IPC. According to prosecution, on the new year day, while the petitioners were making merry in front of the house of de facto complainant, de facto complainant used cracker which offended the petitioners and there was quarrel and petitioners assaulted de facto complainant with sword and he sustained cut injuries on several parts of his body. Petitioners/accused Nos. 1 to 6 committed offences in prosecution of the common object of unlawful assembly, of which petitioners were members. 3. Learned counsel for the petitioner submitted that petitioners were attacked and they sustained injury as evidenced by Annexure A certificate. A crime was also registered under various provisions, in which 325 of IPC is also include. There is a case and counter and hence petitioner may be granted bail, it is submitted. Learned counsel for the petitioner further submitted that recovery of weapon of offence is already effected. B.A. No. 287 of 2009 : 2 : 4. This petition is strongly opposed by the learned public prosecutor and submitted that this is a case where the de facto complainant was attacked with sword and he sustained several cut injuries on his body. There is no allegation in the petition that, was any weapons used against the petitioners? This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that mere existence of a counter case will not be sufficient to grant anticipatory bail. Considering the serious nature of the allegations made and serious injuries sustained by the de facto complainant, I am not inclined to grant anticipatory bail to the petitioner. Petitioners shall surrender before the investigating officer or before the learned Magistrate concerned without any delay and co-operate with the investigation. Whether surrender or not police is at liberty to arrest and proceed in accordance with law. (K. HEMA, JUDGE) KMD K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 290 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 ORDER This petition is for anticipatory bail. 2. Learned Public Prosecutor submitted that petitioner is not an accused in the crime and the police has no intention to arrest him. This submission recorded and hence, no ground exists to grant anticipatory bail. Petition is disposed of accordingly. (K. HEMA, JUDGE) KMD