IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 6626 of 2008() ----------------------------- FIR.NO.1087/08 OF KOLLAM EAST POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. M.S.AJITHKUMAR, KERALA STATE PRESIDENT, NATIONALIST STUDENTS CONGRESS, KOTTAKKATTU HOUSE, MARANTHACODE, NELLIMUKKU P.O., KARIPRA, KOLLAM DISTRICT. 2. R.S.ABIN, STATE GENERAL SECRETARY, NATIONALIST STUDENTS CONGRESS, AMARAVATHY HOUSE, MAYYANAD P.O., KOLLAM DISTRICT. 3. VINU.T., KOLLAM DISTRICT PRESIDENT, NATIONALIST STUDENTS CONGRESS, SREEKRISHNAMANGALAM, PUDUKKAD P.O., CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2. THE S.I. OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6626 of 2008 ----------------------------------------- Dated this the 27th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 294(b), 323, 324, 308 and 427 read with 34 of the Indian Penal Code. According to prosecution, petitioners 1 to 3, in furtherance of common intention allegedly assaulted de facto complainant and he sustained a fracture to his arm. 3. learned counsel for petitioners submitted that petitioners are students and office bearers of the National Students Congress. There was a State level meeting and there was some confrontation with the opposite group of students and de facto complainant fell down and sustained injury. Offence under Section 308 IPC is included only for the purpose of deliberately harassing petitioner, it is submitted. It is also submitted that offence under Section 308 IPC is not attracted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that second accused has used a stone to BA.6626/08 2 inflict injury and accused 1 and 3 assaulted by fisting and kicking and thereby de facto complainant sustained a fracture. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of allegations made, I am not inclined to grant anticipatory bail. At this stage, I am not prepared to come to a conclusion that offence under Section 308 IPC is not attracted. The mere assertions by the accused are not sufficient to arrive at a conclusion. No special circumstance is pointed out for this Court to invoke Section 438 Cr.P.C. The incident occurred as early as on 10.10.2008 and petitioners have not co-operated with the investigation. 6. Petitioners are directed to surrender before the investigating officer or before the Magistrate Court concerned without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.