IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6034 of 2008() ----------------------------- CRIME NO.207/08 OF KELAKAM POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. BINU VADAKKEKOOTTU, S/O.VARGHESE, VALAYAM CHAL, KANICHAR, KANNUR. 2. VINOD VADAKKKEKOOTTU, S/O.VARGHESE, DO. 3. SHINOY, DO. 4. THOMAS SEBASTIAN, S/O.SEBASTIAN, DO. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6034 of 2008 --------------------------------------------- Dated this the 13th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 IPC. According to prosecution, on 24.8.2008, at about 6.30 p.m., petitioners (accused nos.1 to 4) and another accused formed into an unlawful assembly and armed with deadly weapons, assaulted the defacto complainant and he sustained injuries. The accused used knife for the offence. 3. Learned counsel for petitioners submitted that on the same day, defacto complainant and others were actually attacking petitioners and they sustained injuries at the hands of defacto complainant and others. For commission of the offence, chopper was used by the defacto complainant and first accused sustained an incised wound 10x2 cm. on the scalp with profuse bleeding, behind the left ear. Second accused sustained contusion on left knee and left eye lid. They were hospitalised and on the statement given by one of the accused, crime BA No. 6034 /2008 2 no.206/08 was registered against defacto complainant. 4. However, on knowing that the crime is registered against defacto complainant, he gave a statement exaggerating the incident. He has alleged that the accused committed the offence with intention to commit culpable homicide. But, the only injury sustained by the defacto complainant on an alleged attack made on him by five persons armed with deadly weapons is small superficial lacerated wound over abdomen. It is submitted that it is unlikely that such wound will be caused by the use of a knife as alleged. On the other hand, the first accused sustained a considerable long injury inflicted by a chopper and the allegations made by the accused is more probable, it is submitted. The defacto complainant is the aggressor and hence, petitioner may be granted anticipatory bail, it is submitted. It is also submitted that the defacto complainant had enmity towards petitioners, who are brothers, since the defaco complainant's brother was abused by the first accused. It was as a retaliation that he had attacked the petitioners in the manner alleged in crime no.206/08, it is submitted. BA No. 6034 /2008 3 5. This petition is opposed. Learned public prosecutor submitted that the allegations made in this case are serious in nature. A1 and A2 both used knives and the defacto complainant was injured also. There were five persons on the side of petitioners and it is not a fit case to grant anticipatory bail especially since the knives are to be recovered. Only if petitioners are interrogated, the recovery of weapon can be effected, it is submitted. It is also submitted by learned public prosecutor that the accused could not be taken into custody by the police after the arrest of the first accused from his house. He was rescued and in connection with the said incident, crime no.208/08 was registered. 6. On hearing both sides and on an evaluation of the facts and circumstances of the case and documents produced relating to the injury sustained, I am satisfied that petitioners can be granted anticipatory bail. Petitioners are prepared to abide by any condition and co-operate with investigation. Therefore, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned and they shall be released on bail BA No. 6034 /2008 4 on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Sunday between 10 a.m. to 1 p.m., within two days of their release on bail and co-operate with investigation and make themselves available for interrogation. (ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl