IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 2513 of 2010() ----------------------------- CRIME NO.75/10 OF POZHIYOOR POLICE STATION (S): -------------------- 1. MINIKUMAR, S/O SYLUS, PANAVILAKATHU VEEDU, PUZHIKUNNU, VENKADAMPU DESOM, KULATHOOR VILLAGE, NEYYATTINKARA. 2. SUNIL, S/O SYLUS, PANAVILAKATHU VEEDU, PUZHIKUNNU, VENKADAMPU DESOM, KULATHOOR VILLAGE, NEYYATTINKARA. 3. SUDHI, S/O SYLUS, PANAVILAKATHU VEEDU, PUZHIKUNNU, VENKADAMPU DESOM, KULATHOOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SPECIAL PROSECUTOR FOR NARCOTIC CASES, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2513 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 308 and 379 of the Indian Penal Code. According to prosecution, on 24.3.2010 at about 10 p.m., petitioners (A1 to A3), in furtherance of common intention, attacked defacto complainant and inflicted injury on him by using choppers, knife and iron rod. The first accused had taken away Rs.4,500/- which fell down from the pocket of defacto complainant. 3. Learned counsel for petitioners submitted that the incident happened at about 10 p.m., but it is not as alleged by prosecution. The defacto complainant and others trespassed into the house of petitioners and inflicted injuries on first petitioner's wife. The second accused (who is first accused's brother) lodged a complaint before the police in respect of this incident and F.I.R. (Annexure A2) was registered against defacto complainant and others in this case, for offences under Sections 447, 324 and 34 of the Indian Penal Code. A perusal of Annexure A2 will show that a BA NO.2513/10 2 correction is made in respect of the time of offence and this is deliberately done with a view to help defacto complainant in this case and to destroy the defence of petitioners, it is submitted. 4. Learned Public Prosecutor submitted that defacto complainant and his brother sustained injuries of considerable nature in the incident. Both of them had incised wound. The first and second accused used knife and chopper and those are not recovered so far. Petitioners 1 and 2 are required for custodial interrogation and for recovery of weapons. 5. However, it is submitted that third petitioner is not involved in the crime and police has no intention to arrest him. Though his name was shown as third accused, subsequently, his name was deleted from the array of accused, on investigation. These submissions are recorded. 6. On hearing both sides, on considering the serious nature of the allegations made against petitioners, the need for interrogation and recovery of weapons used, the serious nature of the injuries sustained by both the victims, I am satisfied that this is not a fit case to grant anticipatory bail to first and second accused. They are bound to surrender without any delay and co- BA NO.2513/10 3 operate with the investigation. It is true that some correction is made in Annexure A2 FIR, but that alone may not be sufficient at this stage to grant anticipatory bail to petitioners 1 and 2. As far as third petitioner is concerned, anticipatory bail cannot be granted, in view of the submissions made by the learned Public Prosecutor that he is not an accused in this case. Hence, the following order is passed : (1) The prayer for anticipatory bail by third petitioner is rejected on the ground that he is not an accused in this case. (2) Petitioners 1 and 2 shall surrender before the Investigating Officer without any delay and co- operate with the investigation. (3) No further application for anticipatory bail by petitioners 1 and 2 in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs