IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Bail Appl..No. 3369 of 2010() ------------------------------------------ (CRIME NO.545 OF 2010 OF KASARAGOD POLICE STATION) ..... PETITIONERS/ACCUSED NOS.2 AND 3: --------------------------------------------------------- 1. IMTHIYAZ, S/O. ABOOBACKER PONATHIL, PONATHIL HOUSE, CHERKALA, CHENGALA POST, KASARAGOD DISTRICT. 2. ASHRAF, S/O. ABDULLA PONATHIL, BERKA, CHENGALA POST AND VILLAGE, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN, SRI.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, (CRIME NO.545 OF 2010), KASARAGOD POLICE STATION, KASARAGOD DISTRICT. R1 & R2 PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J ---------------------- B.A.No. 3369 OF 2010 ----------------------------------- Dated this the 9th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. A crime was registered u/s.143, 147, 148, 324, 341, 308 r/w149 IPC. on a complaint made by defacto complainant against two named persons (A1 and A2) and three identifiable persons. According to prosecution, on 20.05.2010 at about 12 noon, defacto complainant was assaulted by petitioners (A1 and A2), using iron rods and he sustained grievous hurt. 3. Learned counsel for petitioner submitted that second accused's father who had undergone bye-pass surgery was assaulted by defacto complainant and others and he was hospitalised. It is to get over from the said case that the present case is falsely lodged against petitioners, it is submitted. 4. Learned public prosecutor opposed this bail application and pointed out that defacto complainant was assaulted by petitioners and he sustained serious injuries including fractures, deformity in both legs with laceration was also caused. Though B.A. No.3369/10 2 three more persons were allegedly involved, on investigation, it reveals that petitioners are the sole accused in the crime and the iron rod is not recovered so far and custodial interrogation of petitioners is required for recovery. 5. On hearing both sides, I find that petitioners could not make out any ground for granting anticipatory bail. The mere allegation that petitioner's father sustained injury cannot be a sufficient ground to grant anticipatory bail in a case of this nature. Considering the serious nature of allegations made and the need for custodial interrogation and recovery of weapon I do not think that this is a fit case to grant anticipatory bail. Petitioners are bound to surrender before the investigating officer without any delay and co-operate with investigation. This petition is dismissed. K. HEMA, JUDGE. Sou.