IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6485 of 2008() ----------------------------- CRIME NO.323/08 OF VADAKKEKADU POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ RASHEED,S/O.ABOOBACKER HAJI, AGED 18 YEARS,THERUVATHUVEETTIL HOUSE EDAKKARA, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): CP,[;AOMAMT -------------------------- THE STATE OF KERALA, REPRESENTING S.I OF POLICE, THRISSUR TOWN EAST POLICE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6485 of 2008 ----------------------------------------- Dated this the 29th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324 and 308 read with 34 of the Indian Penal Code. According to prosecution, on 21.5.2008 at about 9.30 PM, on finding that accused, four in number, were creating noise from a toddy shop, de facto complainant went there and asked them why they were creating noise. All the accused came out and first accused beat him with iron rod. Second accused used a stone to cause hurt to him. He sustained injuries. 3. Learned counsel for petitioner submitted that petitioner is aged 18 years and he is a Plus-2 student. He has no criminal antecedents. The allegation made against him is absolutely false. Name of petitioner has not been mentioned by de facto complainant in the First Information Statement. The allegation is that he hit with stone, but no corresponding injury is sustained. Injuries sustained by de facto complainant are minor in nature and no offence under Section 308 IPC is involved. BA.6485/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that there is clear allegation that accused 1 to 4 are involved in the offence. Petitioner is second accused and he had allegedly hit de facto complainant with stone. He had participated in the offence. First accused had used an iron rod. There are injuries on the body of the de facto complainant. There is an incised wound on the head and other lacerated wound also. Nature of injuries sustained are not minor as alleged. It is also submitted that there is no reason why petitioner is falsely implicated. Petitioner was only identifiable by sight by de facto complainant and he has not even mentioned petitioner's name in the First Information Statement. Learned Public Prosecutor also pointed out that petitioners were found inside a toddy shop. First and second accused ran away from the place in a motorbike after commission of offence. 5. On hearing both sides, considering the nature of allegations, particularly in the absence of anything to show that de facto complainant had any enmity towards petitioner to falsely implicate him, I am not satisfied that it is a fit case to grant anticipatory bail. The incident happened on 21.5.2008 and BA.6485/08 3 petitioner was not available for investigation. Hence, petitioner shall surrender before the investigating officer or the Magistrate Court concerned within seven days from today. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.