IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6192 of 2008() ----------------------------- CRMP.1730/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO. 402/2008 OF CHERTHALA POLICE STATION PETITIONER (S): A5: ----------------------- DHANESH.G, AGED 22 YEARS, S/O.GOPI, VALAVANCHIRA HOUSE, WARD NO.II, THANNEERMUKKOM PANCHAYAT, CHERTHALA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHERTHALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6192 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 149, 323 and 308 IPC. According to prosecution, petitioner (A5) along with 8 others formed themselves in to an unlawful assembly and assaulted de facto complainant and committed various offences stated above. Weapons were also used for the offence such as iron rod, sword stick, etc. The incident occurred on 17-6-2008 at 12 p.m. 3. Learned counsel for petitioner submitted that offence under section 308 will not be attracted in this case. Even though iron rod and sword stick are allegedly used, injury sustained is only lacerated wounds on the scalp and also on the forearm. No incised injuries are caused and only contusions are there. As per the specific allegations, petitioner had only beaten with hands and accused 1 and 2 have used the weapons. De facto complainant is an R.S.S. worker and petitioner and others are C.P.I.(M) workers. Nature of offence is only inflated for the purpose of harassing petitioner because of the de facto complainant's influence, it is submitted. It is also pointed out that accused 7 and 9 were already arrested and granted bail. Hence, BA 6192/08 -2- petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that weapons were used by accused 1 and 2 and lacerated wound on the scalp was caused to de facto complainant, apart from other injuries. The incident occurred as early as on 17-6-208 and petitioner was not available for arrest. 5. On hearing both sides, on consideration of the nature of the allegations made and the nature of the injuries sustained, I find that for the purpose of bail, offence included can be treated as one under section 324 instead of section 308 IPC by the police as well as the court. But on the facts of the case, I am not inclined to grant anticipatory bail. Petitioner is not available for arrest and investigation stand still for the past more than four months. The incident occurred on 17-6-2008. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer within seven days from today and co-operate with the investigation. With the above direction and observations, this petition is dismissed. K.HEMA, JUDGE. BA 6192/08 -3- mn.