IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7119 of 2008() ----------------------------- ( CRIME NO.753/2008 OF CHENGAMANADU POLICE STATION) PETITIONERS/ACCUSED NOS. 3, 4, 6, 8, 9 & 10: -------------------- 1. PRAMOD.A.P, S/O. LATE PAVITHRAN KADAMBATTU VEEDU, KUNNUKARA. 2. ULLAS, S/O. V.R. SADANANDAN, VELIYATHU VEEDU, SOUTH ADUVASSERY. 3. VISHNU, S/O. UNNIKRISHNAN, SAI KRIPA, KUNNUKARA. 4. PRASAD.K.A, AGED 20 YEARS, S/O. LATE APPUKUTTAN, KOLLAMPARABIL, KUNNUKARA. 5. BIJU.S, S/O. SIVAN, THAIKKUNNATHU VEEDU, KUNNUKARA. 6. RAJENDRAN.K.M, S/O. LATE MOHANAN, KAYYINTEDATHU VEEDU, VAYAALKARA, KUNNUKARA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 753 OF 2008 OF CHENGAMANADU POLICE STATION) PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7119 of 2008 --------------------------------------------------- Dated this the 6th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 308, 427 read with Section 149 of I.P.C. According to prosecution, petitioners (A3, A4, A6, A8, A9 and A10) along with other accused formed into an unlawful assembly and assaulted the de facto complainant and others and they sustained serious injuries and a crime was registered under the above said sections. The incident occurred on 05.09.2008. 3. Learned counsel for petitioners submitted that the incident was the off-shoot of a clash between two groups of students who are supporters of different political parties. Both sides sustained injuries. The accused in this case also sustained serious injuries. Application for anticipatory bail by the 4th accused was considered by this Court and as per order dated 30.10.2008 in B.A.No.6210 of 2008. After considering the rival contentions in detail the petitioner therein (11th accused ) was directed to surrender before the investigating officer or the Magistrate court concerned and co-operate with the investigation. It was further directed that for the purpose of grant of bail, the court as well the police shall treat the offence involved as not one [B.A.NO.7119/08] 2 under Section 308 IPC. The limited prayer of the petitioners in this petition is that this observation may be made applicable to them also. 4. Learned Public Prosecutor submitted that offence under Section 326 is included as per a report filed by the investigating officer and hence it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I find that considering the serious nature of the allegations made, this is not a fit case to grant anticipatory bail. I have already come to such a finding in the earlier anticipatory bail by the 11th accused. However, there is no reason why the limited prayer of petitioners is not accepted. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer or the Magistrate court concerned within seven days from today and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest them and proceed in accordance with law. 2) For the purpose of bail, offence under Section 308 will be treated as excluded. Petition is dismissed. K. HEMA, JUDGE. Krs.