IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 Bail Appl..No. 1687 of 2010 CRIME NO.199 OF 2010 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS: ACCUSED NOS.1 TO 4: ------------------------------- 1. PRASAD, AGED 22 YEARS, S/O.VENUGOPALAN NAIR, MELEPULIYARATHALA VEEDU, MOTTAMOODU, NARUVAMOODU P.O., PALLICHAL VILLAGE. 2. HARIKRISHNAN, AGED 21 YEARS, S/O.VENUGOPALAN NAIR, MELEPULIYARATHALA VEEDU, MOTTAMOODU, NARUVAMOODU P.O., PALLICHAL VILLAGE. 3. KAMALDEV, AGED 22 YEARS, S/O.VINCENT, NIRAPPILVILA VEEDU, KANNANKODE, NARUVAMOODU P.O., PALLICHAL VILLAGE. 4. VIMALDEV, AGED 20 YEARS, S/O.VINCENT, NIRAPPILVILA VEEDU, KANNANKODE, NARUVAMOODU P.O., PALLICHAL VILLAGE. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1687 OF 2010 ------------------------------------------------------ Dated this the 25th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.199 of 2010 of Balaramapuram Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioners are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 19.2.2010, the victim, husband of the de facto complainant, was attacked by accused Nos.1 to 4 with swords. It is alleged that accused Nos.3 and 4 restrained the victim, while accused Nos.1 and 2 attacked the victim with swords. The victim sustained fracture on both his legs as a result of the attack made by the accused. 4. The offences alleged against the petitioners are grave in nature. The victim had sustained grievous injuries. B.A. NO. 1687 OF 2010 :: 2 :: 5. The learned counsel for the petitioners submitted that the incident occurred as stated in paragraph 3 of the Bail Application. Paragraph 3 reads as follows: “3. The actual fact is that on 19.2.2010 at 10 PM, one Shibu, K.P.Babu and Biju, known criminals in the locality attacked Aneesh and Sathikumar and created a noisy and fearful scene there and later attacked the 1st petitioner with swords and dangerous weapons. 1st petitioner sustained serious injuries, a crush injury at the right forearm, fracture at the right forearm, the veins were cut off and a surgery was done. In order to rescue the 1st petitioner from the hands of the aggressors others including petitioners 2 to 4 rushed to the spot and there happened a scuffle and in this scuffle the weapon which was used by Babu hit at Shibu's leg and Shibu also sustained injury. Apprehending that the petitioners may file complaint against the said Babu and Shibu, they managed to file the above complaint through the de facto complainant. The above Shibu is very much influential politically and financially. The police attached to Balaramapuram Police Station registered the above crime.” 6. In the present case, the victim sustained grievous injuries. Whether the case put forward by the petitioners as stated in B.A. NO. 1687 OF 2010 :: 3 :: paragraph 3 of the Bail Application is true, is a matter to be considered at the time of trial. The question is whether there are materials, prima facie, to connect the petitioners with the offence. On a consideration of the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/