IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3692 of 2010() ----------------------------- (CRIME NO.649/2010 OF PARAVUR POLICE STATION, KOLLAM DISTRICT) ACCUSED NOS.1,5 & 7 --------------------------------------- 1. BIJU,S/O.SAFARNESE,KURUMANDAL CHERRI, PARAVUR VILLAGE. 2. ANTONY WILSON,MOOLAVILA VEEDU, KURUMANDAL CHERRI,PARAVUR VILLAGE. 3. BIJU,S/O.RAJU,MOOLAVILA VEEDU, KURUMANDAL CHERRI,PARAVUR VILLAGE.\ BY ADV. SRI.NOBLE MATHEW SRI.JACOB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,PARAVUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3692 OF 2010 -------------------------------- Dated this the 16th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 324, 308, 454, 427 r/w 149 of IPC. According to prosecution, petitioners (A1, A5 and A7) along with other accused formed into an unlawful assembly and armed with deadly weapons like iron rods and stick assaulted de facto complainant and two others and inflicted serious injuries and committed various offences . 3. Learned counsel for petitioner submitted that on 03/06/2010 at about 11:30 P.M de facto complainant st fire to the house of first accused and in respect of the same, a complaint was given. But on the allegation that on the previous day, on 02/06/2010, petitioners assaulted de facto complainant and others, a crime was registered against petitioners. The present crime is registered falsely against the petitioners and no incident as alleged had taken place on 02/06/2010. Petitioners have not assaulted any of the witnesses or de facto complainant or any other person. It is pointed out that as per the remand report, incident is alleged to have occurred on 06/04/2010. Petitioners are in custody for the past 12 days. In the above circumstance, petitioner may be granted bail, it is submitted. B.A No.3692 OF 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that three persons are injured in the incident, as evidenced by the Wound Certificates. 5. On going through the Wound Certificate, I find that a serious injury is sustained by a woman and the wound was sutured also. Other persons are also seen injured in the incident and they were examined by Doctor. In the above circumstance, the fact that no incident happened at all is difficult to be believed. Of course, as per the Wound Certificate, injured are examined on 04/06/2010. I am not inclined to grant bail to petitioners at this stage. Petition is dismissed. K.HEMA JUDGE vdv