IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6215 of 2008() ----------------------------- CRIME NO. 383/2008 OF PARASSALA POLICE STATION PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. KUMAR, AGED 31, S/O.DIVAKARAN, KURUVILAKKADU VEEDU, LAKSHOM VEEDU COLONY, ARAYOOR DESOM, ARAYOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. ANEESH, AGED 20 YEARS, S/O.PURUSHOTHAMAN, KALATHUVILAKATHU PUTHEN VEEDU, LAKSHOM VEEDU COLONY, ARAYOOR DESOM, AARAYOOR VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.V.HARI KRISHNAN SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY ITS SUB INSPECTOR OF POLICE, (CRIME NO.383/2008 PARASSALA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6215 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 324, 326, 427 and 34 IPC. According to prosecution, petitioners (A1 and A2) along with others in furtherance of common intention wrongfully restrained de facto complainant, assaulted him using stick etc. and caused damage to the motor bike, in which he was travelling and caused grievous hurt to him. The reason for the incident is that the de facto complainant's friend one Sumesh made marriage proposal to 1st accused brother's daughter. Both of them belong to different castes and hence this was objected to by the family of the accused and infuriated by this, de facto complainant was attacked when he was coming in a motor bike driven by Sumesh. Sumesh escaped from the scene. 3. Learned counsel for petitioner submitted that no incident, as alleged has occurred. First accused' elder brother's daughter was proposed for marriage to de facto complainant's friend. This was not liked by accused' family and they objected to this. Attempts were also made to assault accused and his BA 6215/08 -2- relatives. An incident has occurred as alleged on 12-6-2008 wherein first accused was insulted in public by calling him his caste name. Though no complaint was given in respect of that incident, de facto complainant made a false complaint to the police ,based on which the present crime was registered. 4. This petition is opposed. Learned Public Prosecutor submitted that there was an attack on de facto complainant and he was assaulted with stick and his leg was fractured and he was hospitalized. In the nature of the allegations made, extra ordinary jurisdiction under section 438 Cr.P.C. may not be exercised, it is submitted. Petitioners are required for the purpose of recovery of weapon and for interrogation. The incident occurred on 12-6-2008 and investigation could not be completed, since petitioners were not available. 5. Considering the nature of the allegations made and the nature of injury inflicted on de facto complainant and the nature of the investigation required, I find that this is not a fit case to grant anticipatory bail. Petitioners are required for interrogation and recovery of weapons used for the offences. Hence, petitioners are directed to surrender before the Magistrate court concerned or before the BA 6215/08 -3- Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.