IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 6594 of 2008() ----------------------------- CRIME NO. 425/2008 OF OACHIRA POLICE STATION PETITOINER (S): ACCUSED: -------------------- 1. SURESH @ AKHIL, NALLAVEETIL PADEETTATHIL PERINGALA MURI, KAYAMKULAM VILLAGE. 2. RAMESAN, KUTTIKKATTU VAYALIL, CHIRAKKADAVAM MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE, OACHIRA. BY PUBLIC PROSECUTOR SRI. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6594 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 427, 506(ii), 326 and 308 read with section 34 IPC. According to prosecution, de facto complainant and accused are on enmical terms. Accused were engaged in illicit arrack business and they were under the impression that de facto complainant conveyed information about petitioners' business to police. Therefore, motivated by this enmity, the accused decided to assault de facto complainant. Thus, an autorickshaw, which was driven by the victim in this case was hired by one person and injured was taken to the place of occurrence. From there, when he was paying money to the passenger, accused 1 and 2 came to the scene and assaulted him by using swords and he sustained serious injuries. Father of the victim gave First Information Statement , based on which crime was registered. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. Though a particular motive is alleged, there was not even an incident in which petitioners were engaged in illicit liquor BA6594 /08 -2- business. It is also submitted that the injured is a gunda and there are several crimes were registered against him. Annexure-VII is an F.I.R. in respect of an incident which occurred on 1-7-2008 wherein injured attacked two persons. Those persons have enmity against de facto complainant. Petitioners were interrogated on 31-8-2008 and this fact was conveyed to Investigating Officer. 4. It is submitted that petitioners were implicated only on the basis of a statement of victim's father. But petitioners are absolutely innocent and hence, they sent Annexure-IV complaint to the Home Secretary requesting for a detailed investigation into the crime. All these facts are stated in the complaint. Therefore, petitioners may be granted anticipatory bail, it is submitted. 5. This petition is strongly opposed. Learned Public Prosecutor submitted that the victim was seriously injured and it was a pre- meditated attack. He had as many as seven injuries on his body, which were all caused by swords. The injured had identified assailants and when persons gathered at the scene, he had disclosed name of the accused to them. It is not a case where petitioners could not be identified at the scene. In an offence of this nature in which accused assaulted the injured using swords, it is not a fit case to grant anticipatory bail, it is submitted. BA6594 /08 -3- 6. On hearing both sides, considering the rival contentions raised, I find that the allegations made against petitioners are serious in nature. Though petitioners assert their innocence, by stating certain facts those are not sufficient to come to a conclusion regarding their innocence, at this stage, particularly in the absence of evidence. Petitioners have not pointed out any reason why the actual assailants are excluded by the injured and petitioners who are absolutely innocent are implicated in the offence. Considering the nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The incident occurred as early as in August, 2008 and petitioners are not available for interrogation. Petitioners are directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.