IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6576 of 2008() ----------------------------- CRMP.2771/2008 of DISTRICT COURT, PALAKKAD CRIME NO. 389/2008 OF CHITTOR POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ SIVAN, S/O.RAMAN, AGED 31 YEARS, RESIDING AT PUTHEN HOUSE, THATHAMANGALAM, PALAKKAD BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE,CHITTOOR POLICE STATION. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6576 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 341, 323, 324, 326, 308 read with section 149 IPC. According to prosecution, on 18-8-2008 at about 11 p.m. petitioner (A1) along with four persons formed themselves in to an unlawful assembly, armed with deadly weapons and in prosecution of common object, committed culpable homicide, by assaulting de facto complainant and his brother, by using iron rod, wooden stick, etc. and de facto complainant sustained a fracture on his hand. 3. Learned counsel for petitioner submitted that on the statement given by 2nd accused in this crime, Crime no. 390/2008 was registered against de facto complainant for assaulting them by using sword, stick, etc. Actually petitioner is the neighbour of one Basheer and petitioner and others saw de facto complainant's brother going to house of said Basheer. Since he was having illicit relationship with Basheer's wife, they questioned him, while they were assaulted by de facto BA 6576/08 -2- complainant and his brother. In the course of the said attack, de facto complainant fell down and sustained a fracture to his hand. Petitioner is innocent and hence, he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that on the date of occurrence, de facto complainant saw his brother being assaulted by petitioner and four others and when de facto complainant intervened, he was also assaulted using iron rod and he sustained a fracture. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, it only appears from the contentions raised that there was an assault by two groups, both sides used weapons. The mere existence of a counter case is not a ground to exonerate a person from criminal liability. No ground is made out to grant anticipatory bail. No special circumstances are pointed out to exonerate petitioners and hence, I do not find any reason to grant anticipatory bail. The incident occurred on 18-8-2008 and petitioner has allegedly used weapon. Petitioner will be required for interrogation and recovery of weapon. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he BA 6576/08 -3- surrenders or not, respondent is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.