IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 2697 of 2010() ----------------------------- CRIME NO.5/2010 OF NEDUMUDI POLICE STATION, ALAPPUZHA. (S): PETITIONERS/ACCUSED --------------------------------------- 1. SAJU ANTONY, S/O.ANTONY MATHEW, AGED 30 YEARS, KORATTIYIL HOUSE, NADUBHAGOM, CHAMPAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 2. VISHNU @ AASAN, S/O.APPUKUTTAN, AGED 23 YEARS, MOONNUTHAIKKAL HOUSE, THEKKEMURI, CHAMPAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 3. SHABU, S/O.SOMAN, AGED 35 YEARS, MULLAKKAL HOUSE, NADUBHAGOM, CHAMPAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 4. MONAPPI @ BIJU ANTONY, S/O.ANTONY MATHEW, AGED 35 YEARS, KORATTIYIL HOUSE, NADUBHAGOM, CHAMPAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.5/2010 OF NEDUMUDI POLICE STATION, ALAPPUZHA). PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2697 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 144, 147, 148, 149, 323, 324 and 326 of the Indian Penal Code. According to prosecution, petitioners(accused nos.3, 5, 6 and 7) along with other accused formed themselves into an unlawful assembly and armed with deadly weapon like iron rod committed rioting and assaulted defacto complainant and inflicted injuries on him and committed various offences stated above. 3. This is second application for anticipatory bail. The earlier application filed by petitioners was dismissed by another bench of this Court, as per order dated 16.4.2010 in B.A.No.2067/2010. After considering the rival contentions, this Court held therein as follows : “Having regard to the facts and circumstances involved in the case, especially the gravity of the offence involved and the allegations, I am not inclined to grant anticipatory bail to petitioners as the same will adversely affect the investigation in the above crime BA NO. 2697/10 2 which is not in progress. The grievous nature of the injuries sustained by the victim and the weapons used to inflict such injuries are also relevant facts which persuade this Court to decline the relief of anticipatory bail in favour of the petitioners” 4. I do not find any reason to come to a different view. The incident happened as early as on 5.1.2010 and more than seven months have elapsed now. Petitioner has not surrendered and hence the investigation is at a standstill. Petitioner shall surrender before the Investigating Officer or the Magistrate Court concerned without any delay and co-operate with the investigation. 5. No further application for anticipatory bail by petitioners in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs