IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 287 of 2009() ------------------------------------- CRIME NO. 3/2009 OF VALAPPAD POLICE STATION .................................. PETITIONERS/ACCUSED NO.1 TO 6: -------------------------------------------------- 1. PRATHEESH,S/O. RAJAN, VALYPARAMBIL HOUSE P.O. VALAPPAD, THRISSUR DT. 2. FIROSE, S/O. MUHAMMED BASHEER, KADAVIL HOUSE, P.O. VALAPPAD, THRISSUR DISTRICT. 3. KUNJIKANNAN @ SHINIL, S/O.KRISHNANKUTTY, CHITTAPURATH HOUSE, P.O. VALAPPAD, THRISSUR DT. 4. MANJU @ MANESH, S/O. MOHANAN, VELLOOPARAMBIL HOUSE, P.O. VALAPPAD, THRISSUR DISTRICT. 5. AMBADY, S/O. SIVADASN,KANNOTH HOUSE, P.O. VALAPPAD, THRISSUR DISTRICT. 6. RAJEEV, S/O. RAJAN, NIAYAKKAT HOUSE P.O. VALAPPAD, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KEARALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALAPPAD. BY PUBLIC PROSECUTOR K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON 23/12/2009 PASSED THE FOLLOWING: K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 287 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Section 143, 147, 148, 323, 324, 308 r/w s. 149 of IPC. According to prosecution, on the new year day, while the petitioners were making merry in front of the house of de facto complainant, de facto complainant used cracker which offended the petitioners and there was quarrel following this, petitioners assaulted de facto complainant with sword and he sustained cut injuries on several parts of his body. Petitioners/accused Nos. 1 to 6 committed offences in prosecution of the common object of unlawful assembly, of which petitioners were members. 3. Learned counsel for the petitioner submitted that petitioners were attacked and they sustained injury as evidenced by Annexure A certificate. A crime was also registered under various provisions, in which 325 of IPC is also included. There is a case and counter and hence petitioner may be granted bail, it is submitted. Learned counsel for the petitioner further submitted that recovery of weapon of offence is already effected. B.A. No. 287 of 2009 : 2 : 4. This petition is strongly opposed by the learned public prosecutor and he submitted that this is a case where the de facto complainant was attacked with sword and he sustained several cut injuries on his body. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that mere existence of a counter case will not be sufficient to grant anticipatory bail. Considering the serious nature of the allegations made and nature of injuries sustained by the de facto complainant, I am not inclined to grant anticipatory bail to the petitioner. Petitioners shall surrender before the investigating officer or before the learned Magistrate concerned without any delay and co-operate with the investigation. Whether surrender or not police is at liberty to arrest and proceed in accordance with law. The petition is dismissed. (K. HEMA, JUDGE) KMD