IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 2965 of 2010() ----------------------------- FIR NO.504/10 OF ADOOR POLICE STATION, PATHANAMTHITTA. (S): -------------------- 1. VRINDA KUMAR, S/O.SASIDHARAN PILLAI, AGED 33, PALAMOOTTIL HOUSE, KALATHATTA, CHOORAKODE. 2. VARNAN, S/O.SASIDHARAN PILLAI, AGED 29, PLAMOOTTIL HOUSE, KALATHATTA, CHOORAKODE. 3. SASIDHARAN PILLAI, S/O.GOPALA PILLAI, PALAMOOTTIL HOUSE, KALATHATTA, CHORAKODE. 4. SIVAN, S/O.GOPALA PILLAI, AGED 29, KONETH HOUSE, KALATHATTA, CHOORAKODE. BY ADV. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. 2. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2965 of 2010 ---------------------------------------------- Dated 24th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners(accused nos.1 to 4), in furtherance of common intention, due to previous enmity, assaulted defacto complainant using sticks etc. and inflicted injuries, including a fracture and thereby committed various offences. 3. Learned counsel for petitioner submitted that the incident occurred on 20.4.2010, but the complaint was lodged only on 22.4.2010 and there is a delay in lodging the complaint. There is strong enmity between the parties and a case is falsely foisted against petitioners. Petitioners are prepared to surrender before the Investigating Officer and co-operate with the investigation and abide by any condition, it is submitted. Accused nos.1 and 2 are brothers and accused no.3 is their father. The 4th accused is a common friend of the other accused. 4. This petition is opposed. Learned Public Prosecutor BA NO. 2965/10 2 submitted that accused nos.2 and 3 used sticks for commission of the offence. The weapons are not yet recovered. The interrogation of the accused will be necessary for recovering the weapons. Accused nos.1 and 4 also assaulted defacto complainant using hands. The defacto complainant sustained a fracture to the tibula in the assault. 5. On hearing both sides and on considering the serious nature of the allegations made and the need for interrogation and recovery of weapons, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners are bound to surrender and co-operate with the investigation without any delay. Petition is dismissed. K.HEMA, JUDGE. tgs