IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Bail Appl..No. 2873 of 2010() ----------------------------- CRIME NO.156/2008 OF VENMONY POLICE STATION, ALAPPUZHA. (S): PETITIONER/ACCUSED A-8. ------------------------------------------- SANKER SARMA, AGED 31 YEARS, S/O.KARUNAKARAN NAIR,AMPADI VEEDU, VENMONEY, CHENGANNUR TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2873 of 2010 ---------------------------------------------- Dated 8th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 450, 324, 326, 308, 120B, 511 of 436 of the Indian Penal Code and Section 3(a) of the Explosive Substances Act and Section 25 of the Arms Act. According to prosecution, the incident happened on 12.10.2008 at about 2 a.m. Petitioner (A8) along with other accused formed themselves into an unlawful assembly and trespassed into the house of defacto complainant and assaulted him using deadly weapons like sword, sword stick, iron rods etc. A bomb was also exploded by the accused during the incident, and thereby they committed the various offences stated above. 3. Learned counsel for petitioner submitted that petitioner is the 8th accused. The co-accused (accused nos.1,3, 4 and 8) were granted regular bail by this court. Petitioner has not used any weapon, even going by the allegations of the prosecution, it is submitted. BA NO.2873/10 2 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner had used sword stick and attacked defacto complainant and others. There are five injured persons in this incident. They have sustained very serious injuries in the attack. Though several co-accused could be arrested, petitioner could not be arrested so far, even though the incident happened two years back. Petitioner is required for custodial interrogation and recovery of the weapons used. Two years have elapsed now and the investigation is at a stand still. The petitioner was absconding. 5. Learned counsel for petitioner also submitted that petitioner may be permitted to withdraw this application. Considering the peculiar facts and circumstances of this case, I do not find it fit to allow the petitioner to withdraw this petition, since any delay caused in his arrest will adversely affect the investigation. 6. On hearing both sides and on considering the serious nature of the allegations made, the need for custodial interrogation and recovery of weapons and also taking into account the serious injuries sustained by various persons in the BA NO.2873/10 3 incident, I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened in 2008 and petitioner has not surrendered so far. Petitioner is bound to surrender before the Investigating Officer and co-operate with the investigation, without any delay. Hence, the following order is passed : (1) Petitioner shall surrender before the Investigating Officer without any delay and co-operate with the investigation. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs