IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2630 of 2010() ----------------------------- (CRIME NO.174/2010 OF ERUMAPETTY POLICE STATION) PETITIONER -------------------- 1. SHAFEEQUE,S/O.SAIDU,KUNUNGAL HOUSE, VELLARKAD PO,THALAPPILLY THALUK,THRISSUR DISTRICT. 2. SAIFUDHEEN,S/O.SAIDU,KUNUNGAL HOUSE, VELLARKAD PO,THALAPPILLY THALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): ------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.2630 OF 2010 ----------------------------------- Dated this the 28th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under section 314, 324, 308 r/w 34 IPC. According to prosecution, petitioners (A1 and 2) in furtherance of common intention assaulted defacto complainant using iron rod, cricket bat and he sustained serious injury on his head etc. 3. Learned counsel for petitioner submitted that there was an incident earlier in which defacto complainant attacked the accused in this case. From the allegations in the FI statement itself it is clear that it was because of an earlier incident that accused attacked. According to him, defacto complainant is the aggressor and injury sustained is a minor one, though injury was allegedly caused by beating with a weapon. B.A. No.2630/10 2 4. This petition is opposed. Learned public prosecutor submitted that victim had sustained various injuries. As per wound certificate, head injury could not be ruled. Weapons are to be recovered. 5. On hearing both sides, considering the serious nature of allegations made, taking into account the nature of injury sustained, stage of investigation, need for interrogation and recovery of weapons etc. I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 21.4.2010 and petitioners are not surrendered so far. Hence, this petition is dismissed. K. HEMA, JUDGE. Sou.