IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7113 of 2008(D) ------------------------------------- CRMP.2232/2008 of SESSIONS COURT, KALPETTA CRIME NO.152/2008 OF KENICHIRA POLICE STATION, WAYANAD .................... PETITIONERS/ ACCUSED 1 TO 4 : ----------------------------------------- 1. SHAJI, AGED 38 YEARS, S/O SREEDHARAN, PULIMOOTTIL HOUSE, MOODAKOLLY.P.O, IRULAM AMSOM, IRULAM DESOM, SULTHAN BATHERI TALUK. 2. MANOJ, AGED 34, S/O SREEDHARAN, PULIMOOTTIL HOUSE, MOODAKOLLY.P.O, IRULAM AMSOM, IRULAM DESOM, SULTHAN BATHERI TALUK. 3. BIJU, AGED 24, S/O.SUKUMARAN, KAVUMPURATH HOUSE, MOODAKOLLY.P.O, IRULAM AMSOM, IRULAM DESOM, SULTHAN BATHERI TALUK. 4. SURESH, AGED 42 YEARS, S/O SREEDHARAN, PULIMOOTTIL HOUSE, MOODAKOLLY.P.O, IRULAM AMSOM, IRULAM DESOM, SULTHAN BATHERI TALUK. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REP.BY THE SUB INSPECTOR OF POLICE, KENICHIRA POLICE STATION, WAYANAD DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7113 OF 2008 ------------------------------ Dated this the 28th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, first accused's father was assaulted by defacto complainant on 21.10.2008 and he was injured. Because of this enimity, on 22.10.2008, accused nos. 1 to 4 assaulted defacto complainant using iron rod and reapers while defacto complainant was sitting in a waiting shed. He sustained injuries and he was hospitalised. 3. Learned counsel for petitioners submitted that this is an absolutely false case. On the previous day, on 21.10.2008, there was some quarrel between the CPI(M) workers and the Congress workers. Petitioners are Congress workers. On the alleged date of occurrence, nothing had happened. It is not correct to say that any person had assaulted defacto complainant. Because of the complaint made against defacto complainant by first accused's father in respect of the incident which occurred on the previous day, this case is falsely foisted against the petitioners under political B.A.7113 of 2008 2 influence, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that it is not correct to say that no incident occurred at all. The defacto complainant sustained injuries in the incident and he was hospitalised. Reapers and iron rod were used. There were injury on the head, back and right leg of the defacto complainant. The petitioners are required for recovery of the weapon and for interrogation. On hearing both sides, considering the nature of allegations made and the nature of investigation required, I am satisfied that it is not a fit case to grant anticipatory bail. Though learned counsel for petitioners would assert petitioners' innocence and totally deny the incident, the mere assertions may not be sufficient for this court to any conclusion that the accused are innocent. Nothing persuades me to invoke provisions under Section 438 Cr.P.C. According to prosecution, the incident which occurred on the previous day is the motive for commission of the offence on 22.10.2008. B.A.7113 of 2008 3 Petitioners shall surrender before the Investigating Officer and co-operate with the investigation without any delay. Whether they surrender or not, arrest would proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac