IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Bail Appl..No. 7781 of 2009() ----------------------------- CRIME NO.614/09 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM. (S): PETITIONERS/ACCUSED NO 1 TO 3 ------------------------------------------------- 1. VIJAYADAS,S/O.CHRISTHUDAS,AGED 27 YEARS, CHERUCODE MELEPUTHEN VEEDU,KURUTHANCODE.PO, KULATHUMMEL VILLAGE,NEYYATTINKARA TALUK, TRIVANDRUM. 2. AJAYADAS,S/O.CHRISTHUDAS,AGED 23 YEARS, CHERUCODE MELEPUTHEN VEEDU,KURUTHANCODE.PO, KULATHUMMEL VILLAGE,NEYYATTINAKARA TALUK, TRIVANDRUM. 3. CHRISTHUDAS,S/O.SANKKU NADAR, AGED 51 YEARS,CHERUCODE MELEPUTHEN VEEDU, KURUTHANCODE.PO,KULATHUMMEL VILLAGE, NEYYATTINKARA TALUK,TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.7781 of 2009 ---------------------------------------------- Dated 2nd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 341, 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. Petitioners are accused Nos.1 to 3 in the crime. According to prosecution, defacto complainant was attacked by petitioners, by hitting with iron block etc. and he sustained grievous hurt. Fractures of nasal bone and cheek bone were sustained by defacto complainant. Second accused was allegedly in the habit of peeping, while girls were taking bath. People of the locality questioned this and a mass petition was also filed. The defacto complainant is one of the signatories in the mass petition. Enmity developed towards defacto complainant and he was attacked. 3. This Court, while considering anticipatory bail application filed by petitioners earlier, in B.A.7331/09 held as follows : “Taking into account the facts and circumstances of the case, I do not think that this is a fit case where BA NO.7781/10 2 anticipatory bail can be granted to the petitioners. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case”. 4. After hearing both sides, I do not find any reason to take a different view. 5. Learned counsel for petitioners submitted that second accused had sustained injury. On the peculiar facts and circumstances of this case, the mere sustaining of injury by second accused does not persuade me to grant anticipatory bail to petitioners. The crime was registered as early as on 26.11.2009 and months have elapsed. Petitioners have not been co- operating with the investigation. Hence, the following order is passed. (i) Petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. (ii) Whether they surrender or not, police is at liberty to arrest them and proceed against them. (iii) No further application for anticipatory bail BA NO.7781/10 3 by petitioners in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE. tgs