IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 7944 of 2008(C) ------------------------------------- CRIME NO.664/2008 OF WADAKKANCHERY POLICE STATION .................... PETITIONERS : ----------------- 1. ANEESH, AGED 22, S/O. AYYAPPAN, KUNNISSERI VALAPPIL (H), KODUMBU, KANJIRAKODE, TALAPPILLI TALUK. 2. VINESSH, AGED 21, S/O. SANKARAN, VATTAPPARAMBIL (H), KODUMBU, KANJIRAKODE, TALAPILLY TALUK. 3. ANANTHAN, AGED 28, S/O. KUNJUNNY, KOLAVARAMBATHU (H), KODUMBU, KANJIRAKODE, TALAPPILLY TALUK. 4. BALAN, AGED 27, S/O. CHAMI, CHALIYATTIL (H), KANJIRAKODE, TALAPPILLY TALUK. 5. MANOJ, S/O. KRISHNAN, AVISSERY VALAPPIL (H), KODUMBU, KANJIRAKODE, TALAPPILLY TALUK. BY ADV. MR.RAJIT RESPONDENT : ---------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------- B.A. No.7944 OF 2008 ---------------------------------- Dated this the 11th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324 and 308 read with 149 of I.P.C. According to prosecution, petitioners formed themselves into an unlawful assembly and got into a bus and by using deadly weapons like iron rod and sticks, assaulted the defacto complainant and 3 others and they sustained injures. 3. Learned counsel for petitioners submitted that the defacto complainant sustained injuries and there is a crime registered against the defacto complainant and others as crime No.665/2008 under Sections 143, 147, 148, 341, 324 and 308 of I.P.C. and 149 of I.P.C. Later Section 308 of I.P.C. was deleted in that crime and in the said case, the allegation is that the defacto complainant and others attacked and the petitioners herein. They also sustained injuries. Therefore anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor B.A.No.7944 of 2008 2 submitted that as per the allegations, weapons like iron rod, sticks etc. were used and those are to be recovered. Petitioners are accused nos. 3 to 7 and they are required for the purpose of investigation and recovery of the weapons used. It is true that a counter case is also registered against the defacto complainant and others. But this is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of the allegations made and the nature of investigation required which include the recovery of the weapons, I am satisfied that this is not a fit case to grant anticipatory bail. The mere existence of a counter case by itself is not a ground to grant anticipatory bail. It would only prima facie lead to inference that two parties fought against each other and both sides sustained injuries. The crime is registered as early as on 16.10.2008 and petitioners are required for interrogation and investigation. Hence, the following order is passed : i) Petitioners shall surrender before the investigating officer or the Magistrate court concerned and co-operate with the B.A.No.7944 of 2008 3 investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners in this crime will be entertained. The petition is dismissed. K.HEMA, JUDGE pac