IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Bail Appl..No. 67 of 2009(A) -------------------------------------- ( CRIME NO.191/2008 OF THE MALAMPUZHA POLICE STATION) ............. PETITIONERS/ ACCUSED A1 & A3: ------------------------------------------------- 1. SREENATH,S/O.KUMARAN, AGED 20 YEARS KUNNUKAD HOUSE, ELAPULLY, PUTHUSSERY, PALAKKAD. 2. SUDHEESH, S/O. VASUDEVAN, AGED 19 YEARS, NELLIKKATTUPARAMB, VENOLI, PALAKKAD. BY ADV. SRI.K.ANAND. RESPONDENTS/ STATE & COMPLAINANT: ------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR ,HIGH COURT OF KERALA 2. THE SUB INSPECTOR OF POLICE MALAMPUZHA. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 67 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 14th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 324, 326 read with section 149 IPC. According to prosecution, petitioners (A1 and A3) along with nine other accused formed themselves into an unlawful assembly and wrongfully restrained de facto complainant and assaulted him using iron pipes and caused grievous hurt. 3. Learned counsel for petitioners submitted that except petitioners, all other accused were granted anticipatory bail by learned Sessions Judge as per Annexure-A. Petitioners alone were refused anticipatory bail. Petitioners are aged only 19 years. There was a clash between two student groups and only a scuffle occurred and an incident as alleged had not occurred. Therefore, a lenient view may be taken, failing which petitioners future will be affected, it is submitted. The incident is an off shoot of a political rivalry between two groups of student union in the compound of I.T.I., it is added. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that specific overt acts are alleged against petitioners who are accused 1 and 3. Weapons were used by BA 67/09 -2- the accused and those are to be recovered. Even a fracture is caused in the incident. The incident occurred on 23-10-2008 and petitioners were not available for arrest so far. The investigation is in a stand still. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on considering the serious nature of allegations made and the nature of investigation required, I am satisfied that granting of bail will adversely affect the investigation. Petitioners are required for custodial interrogation and recovery of weapons. Hence, petitioners are directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.