IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2968 of 2010() ------------------------------------------ (CRIME NO.283/2010 OF MUNNAR POLICE STATION,IDUKKI DISTRICT) PETITIONER/2ND ACCUSED: ------------------------------------------ PALANISWAMY, S/O.LAXMANAN, PALLIVASAL POWER HOUSE DIVISION, MUNNAR. BY ADV. SRI.N.M.VARGHESE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, TO BE REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUNNAR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 2968 of 2010 ------------------------------------ Dated this the 25th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 308, 323, 324 and 326 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner(A2) along with first accused, in furtherance of their common intention, committed various offence by using weapons. 3. Learned counsel for petitioner submitted that petitioner and de facto complainant are brothers and there is a dispute in respect of a temple. Petitioner is alleged to have used only a stick and there is no serious injury. 4. This petition is opposed. Learned Public Prosecutor submitted that both first and second accused used weapons for the commission of offence and fracture was caused to the leg of the de facto complainant. Petitioner is required for recovery of the weapons used. Learned Public Prosecutor also submitted that in the light of the medical evidence, offence B.A. No. 2968 of 2010 2 under Section 326 of the Indian Penal Code is added subsequently. 5. On hearing both sides, I am satisfied that the petitioner's custodial interrogation will be necessary for the recovery of weapon and this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE ln