IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 59TH ASWINA 1930 Bail Appl..No. 6465 of 2008() ----------------------------- CRMP.2113/2008 OF DISTRICT COURT, KOTTAYAM CRIME NO.260/2008 OF THE KADATHURUTHY POLICE STATION. .................... PETITIONER/ACCUSED NO.1.: -------------------------------------------- A.M.BABU, S/O. JANAKI, MADATHATTU HOUSE, KANNAPPALLY KARA, PERUVAM KALAKKULAM VILLAGE, VAIKOM TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT/STATE: ------------------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6465 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 294(b), 452, 323, 324, 427 and 308 of I.P.C. According to prosecution, accused nos.1 and 2 went to the toddy shop in the morning and they were offended, since there was some delay in supply of toddy. There was an altercation between the defacto complainant and those persons. Thereafter, they went out stating that they would come soon. Accused nos. 1 and 2 came to the toddy shop with 2O others and committed various offences by assaulting the defacto complainant with soda bottle and causing damage to the articles kept in the toddy shop etc. 3. Learned counsel for the petitioner submitted that first accused is the petitioner herein and there was only an altercation and no incident as alleged had taken place. It was pointed out that no weapon was brought by the petitioner or other accused. It is submitted that he may be granted anticipatory bail. B.A.6465 of 2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that the nature of allegations made against the petitioner are serious and first accused had used a soda bottle for hitting the defacto complainant and a contusion is caused on his face. Several articles in the shop were damaged. On hearing both sides, considering the nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The crime was registered as early as on 25.08.2008 and inspite of lapse of two months, petitioner could not be arrested. Hence, petitioner is directed to surrender before the Investigating Officer and co-operate with the investigation. With this direction, the petition is dismissed. K.HEMA, JUDGE pac