IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Bail Appl..No. 7136 of 2008(F) ------------------------------------- CMP.3337/2008 of SESSIONS COURT, PALAKKAD CRIME NO.212/2008 OF AGALI POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 & 2 : -------------------------------------------- 1. SOJI, S/O.ANNAMMA, 20 YEARS KOCHUPUTHENPURAKKAL NAGUPATHY, AGALI MANNARKAD, PALAKKAD. 2. MOHANAN, S/O.GANGADHARAN, KIZHAKKUMEKKARA DHONIGUNDU, AGALI MANNARKAD, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7136 OF 2008 -------------------------------- Dated this the 4th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 326 read with 34 of I.P.C. According to prosecution, petitioners (accused nos.1 and 2) in furtherance of common intention allegedly assaulted the defacto complainant using iron bucket and caused fracture to the frontal bone. They also wrongfully restrained the defacto complainant. 3. Learned counsel for petitioners submitted that the defacto complainant and his father were riding the motor cycle in between the parked lorries in a rash and negligent manner and it happened to hit against a lorry and an accident was caused. It is not correct to say that petitioners committed any offence. It is also submitted that as far as second accused is concerned as per the prosecution case, he has not beaten the defacto complainant and hence, he may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor B.A.No.7136 of 2008 2 submitted that petitioners were washing the lorry and when the defacto complainant and another were found riding the motor cycle in a rash and negligent manner and on seeing this, they wrongfully restrained them and assaulted using a bucket. A fracture was caused to the frontal bone. It is not a fit case to grant anticipatory bail, it is submitted. It is also pointed out that offence was committed in furtherance of common intention and hence, second accused cannot be absolved from the criminal liability. On hearing both sides, considering the serious nature of allegations made and the nature of injuries sustained and the fact that the offence was committed in furtherance of common intention, I am satisfied that it is not a fit case to grant anticipatory bail. The crime is registered as early as on 11.10.2008 and petitioners are required for interrogation and investigation. Hence, petitioners are directed to surrender before the investigating officer or the Magistrate court concerned and co- operate with the investigation. Whether B.A.No.7136 of 2008 3 they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac