IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 2574 of 2010() ----------------------------- CRIME NO.98/10 OF PEERMEDU POLICE STATION, IDUKKI DIST. (S): PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. JAYAN, AGED 29 YEARS, S/O.T.V.SAHADEVAN, THAIVILAYIL HOUSE, ELAPPARA VILLAGE, ELAPPARA. 2. VARUN, AGED 25 YEARS, S/O.KRISHNANKUTTY, VARUNALAYAM, KOLIEKKANAM KARA, ELAPPARA VILLAGE. 3. ANEESH, AGED 23 YEARS, S/O.SWAMYDAS, KOILIEKKANAM ESTATE, NO.I DIVISION, ELAPPARA VILLAGE, ELAPPARA. 4. SAJEEV, AGED 20 YEARS, S/O.KUNJUMON, KOILIEKKANAM ESTATE, NO.I DIVISION, ELAPPARA VILLAGE, ELAPPARA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2574 of 2010 ---------------------------------------------- Dated 30th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. According to prosecution, on 15.3.2010 at about 6.30 p.m., petitioners (A1 to A4), in furtherance of common intention assaulted defacto complainant and another person by using a screw driver and stone and inflicted injuries on him. 3. Learned counsel for petitioner submitted that petitioners and one Manoj were quarreling with each other, when the defacto complainant intervened unnecessarily, and he sustained injuries. Petitioners are innocent of the allegations made. The defacto complainant did not sustain any injuries at the hands of petitioners. 4. This petition is opposed. Learned Public Prosecutor submitted all the accused had assaulted defacto complainant. The first and second accused used stone and screw driver respectively. The defacto complainant sustained fracture to the BA NO. 2574/10 2 frontal bone. The weapons of offence are not recovered. Petitioners are required for interrogation. 5. On hearing both sides and on considering the serious nature of the allegations made, the nature of the injury sustained and the specific overt act alleged against petitioners, I find that this is not a fit case to grant anticipatory bail. The submissions made by learned counsel for petitioners are not sufficient to grant anticipatory bail. Petitioners are required for interrogation, recovery of weapons and for proper investigation. Petitioners shall surrender before the Investigating Officer and co- operate with the investigation without any delay. Petition is dismissed. K.HEMA, JUDGE. tgs