IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 Bail Appl..No. 3928 of 2008() ----------------------------- CRIME NO.565/08 OF KOLLAM EAST POLICE STATION PETITIONER --------------------------- NOUFAL,S/O.KAMARUDHEEN, AGED 24, LAILA MANZIL, MOOTHAKKARA PALLITHITOM, KOLLAM. BY ADV. SRI.K.SANIL KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3928 of 2008 ----------------------------------------- Dated this the 25th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 308 read with 149 of Indian Penal Code. Petitioner is the first accused in the case. Learned counsel for petitioner submitted that the petitioner, who is an auto rickshaw driver, is not involved in the offence. He is totally innocent of the allegations made. Accused 3 and 4 were granted anticipatory bail, it is submitted. 3. This petition is opposed. It is pointed out by the learned Public Prosecutor that the petitioner is the main offender and he is the person who had used the weapon (stone) and inflicted injury on the de facto complainant. He cannot be stated to be similarly placed as that of accused 2, 3 and 4. 4. On hearing both sides, I am not inclined to grant anticipatory bail to the petitioner. This petition is dismissed. K.HEMA, JUDGE vgs.