IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 Bail Appl..No. 3525 of 2008() -------------------------------------- CRIME NO.239/2008 OF NEYYATTINKARA POLICE STATION. ..... PETITIONER/1ST ACCUSED: ---------------------------------------- AJAYAGOSH, S/O. RAGHAVAN, R.V. BHAVAN, THORANAM THALAYKAL, CHAYKKOTTUKONAM, NEYYATTINKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3525 OF 2008 ----------------------------------- Dated this the 11th day of June, 2008. O R D E R This is a petition for anticipatory bail. 2. According to the prosecution, the petitioner along with other accused committed offences under Sections 143, 147, 148 and 308 read with Section 149 of Indian Penal Code. The petitioner apprehends arrest in connection with the above crime. 3. Learned counsel for the petitioner submitted that the petitioner and the de facto complainant's cousin were in love and they got married under the Special Marriage Act. There exists enmity between each other because of this. Therefore, offence under Section 308 IPC is deliberately included to harass the petitioner. The injury sustained is minor, as revealed from the body note at the foot of the First Information Report. It is also submitted that though the allegation is that the petitioner aimed a cut at the neck, the injury was on the head. 4. Learned Public Prosecutor submitted that the accused came in three vehicles to attack the de facto complainant and they used chopper and other weapons also. The cut with chopper B.A. No. 3525/08 2 was aimed by the petitioner at the neck of the de facto complainant and only because he evaded the cut it fell on the head and he sustained injury. Now it is revealed that a fracture is caused on the occipital region of the head. The recovery of weapon is not effected and the other accused are to be identified, and in such circumstances, granting of anticipatory bail will adversely affect the investigation, it is submitted. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor and I find that it is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. smp