IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 3792 of 2008() ------------------------------------ CRIME NO.213/2008 OF ERATTUPETTA POLICE STATION PETITIONERS/ACCUSED : ------------------------------------ 1. KOCHUMUHAMMED, S/O. MOIDEENKUTTY LABBA, AGED 35, PERAKATHUSSERY, NADAKKAL, ERATTUPETTA. 2. SHEFEER, S/O. SHERIEF, AGED 25, VELIYATH VEEDU, NADAKKAL, ERATTUPETTA. 3. NAZEER, S/O. MOIDEEN KUTTY LABBA, AGED 39, PERAKATHUSSERY, NADAKKAL, ERATTUPTETTA. 4. SAJEER, S/O. ISMAIL, PERAKATHUSSERY, NADAKKAL, ERATTUPETTA. BY ADV. SRI.S.RAJEEV RESPONDENT/RESPONDENT : ------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNKULAM (CRIME NO. 213 OF 2008 OF ERATTUPETTA POLICE STATION) BY PUBLIC PROSECUTOR SRI.P.A. SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3792 of 2008 ------------------------------------------- Dated this the 2nd July, 2008 ORDER This petition is for anticipatory bail. 2. Petitioners are accused in crime No.213/2008 of Erattupetta Police Station. Crime was registered under Section 324 read with Section 34 IPC. Later, Section 326 IPC was also included. The defacto complainant gave a statement alleging that he was assaulted with chopper, iron rod etc. and inflicted injuries on him. 3. Learned counsel for the petitioners submitted that there is a common pathway which was used by the petitioners and the defacto complainant. During rainy season, the pathway gets water logged. Since one of the petitioner's sister had to conduct a house-warming ceremony, the petitioners were clearing the way and removing water. While, so, the defacto complainant came to the spot and there was some altercation between the two groups. There was a push and pull and the defacto complainant fell down. People on both sides sustained BA No.3792/08 2 minor injuries. A Statement was given by one of the petitioners before the police and crime No.214/2008 was registered on the basis of such statement. 4. The defacto complainant also gave a statement to police and the present claim is registered. It is also submitted that though the defacto complainant stated that weapons were used for the offence, he had fractured a finger by a fall. No weapons were used. This fact was revealed during the investigation itself and the report to that effect was filed by police before the learned Magistrate. 5. On hearing both sides, it is clear that according to the Investigating Officer himself, the defacto complainant had given a false statement regarding use of weapons. It is also clear that the petitioners presence may not be required for purpose of any recovery of any weapon. In the above circumstances, I find that anticipatory bail can be granted to the petitioners on conditions. In the result, the following order is passed: (i) Petitioners shall surrender before the Investigating officer within seven days from the date of this order and make themselves available for interrogation. BA No.3792/08 3 (ii) In the event of arrest of the petitioners, if any, petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will report before Investigating officer as and when directed and co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE csl