IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3246 of 2010() --------------------------------- CRIME NO. 541/2010 OF CHALAKUDY POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. SUDHEER, AGED 30 YEARS, S/O.RAMAKRISHNAN KAMBALAN HOUSE, MOTHIKKANNY, PARIYARAM VILLAGE. 2. CHARLEY, AGED 34 YEARS, S/O.VASU, THOPPIL HOUSE, KUTTICHIRA P.O., CHALAKUDY. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3246 OF 2010 -------------------------------- Dated this the 22nd day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 308 r/w Section 34 of IPC. According to prosecution, on 15/05/2010 at about 6 p.m, while de facto complainant was walking along road, petitioners came in a motorcycle and wrongfully restrained de facto complainant, beat him with hands, pushed him down and thereafter hit him with a stone, and committed various offences. 3. Learned counsel for the petitioner submitted that no incident as alleged had taken place. De facto complainant had sustained only minor injuries and offence under Section 308 of IPC is not involved. The allegations made against petitioners are false. 4. Learned Public Prosecutor opposed this petition and submitted that de facto complainant sustained two injuries which include swelling and abrasion. Stone was used for commission of offence. It is also submitted that first accused is involved in various theft cases and offence under Abkari Act. 5. On hearing both sides, considering the various submissions made, I find that petitioner has a strong and arguable case in respect of involvement of offence under Section B.A No.3246 OF 2010 2 308 of IPC. But, considering the serious nature of allegations made, I find that it is a fit case to grant anticipatory bail. No ground is made out to grant anticipatory bail. Hence, the following order is passed. (1) Petitioners shall surrender before the Investigating Officer within seven days from today and co-operate with investigation. (2) On such surrender, if the petitioners are arrested, offence under Section 308 of IPC will be treated as not included for the purpose of bail. Petition is disposed of accordingly. K.HEMA JUDGE vdv