IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6722 of 2008() ----------------------------- CRIME NO. 583/2008 OF CHENGANNUR POLICE STATION PETITIONER (S): 7TH ACCUSED ------------------------------- KOCHUMON @ BIJU DANIEL, CHERAYIL HOUSE, ANGARADCAL SOUTH, CHENGANNUR. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, BY SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6722 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to petitioner, petitioner (A7) along with other accused formed into an unlawful assembly and assaulted de facto complainant and two others. Iron rod was used for the offence. 3. Learned counsel for petitioner submitted that petitioner is falsely implicated. He was originally working in S.F.I. and now he joined A.B.V.P. and therefore his name is deliberately included in the array of accused. He has not committed any offence, it is submitted. It is also submitted that de facto complainant or the injured had not sustained any serious injuries. 4. Learned Public Prosecutor submitted that name of petitioner finds a place in the F.I.R. itself. Accused 1 to 7 were named and they along with some identifiable persons have allegedly committed the offence. However, he fairly conceded that the injuries sustained are only abrasions. 5. On hearing both sides, I find that offence under section 308 IPC can be treated as excluded, for the purpose of bail by BA 6722/08 -2- police as well as court concerned. But, in the nature of allegations made, I am not inclined to grant anticipatory bail. With this observation, this petition is dismissed. K.HEMA, JUDGE. mn.