IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 7904 of 2008() ----------------------------- (CRIME NO.529/2006 OF THALASSERY POLICE STATION) PETITIONER/ACCUSED NO.5. -------------------------------------------- LIJIN.K.,AGED 22 YEARS, S/O. PADMARAJAN, KUNDANECHERY HOUSE, THIRUVANANGAD,KEEZHANTHI MUKKU BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7904 of 2008 --------------------------------------------------- Dated this the 3rd day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 307 read with section 149 of IPC. According to prosecution, petitioner (A5) along with 7 persons formed into unlawful assembly and armed with sword, iron pipe, sticks etc. assaulted de facto complainant and attempted to commit murder. This was on 16.12.2006 at 8 p.m. 3. Learned counsel for petitioner submitted that petitioner is not so far arrested. but recently on 3.12.2008 there is a threat that petitioner will be arrested. A4 was taken into custody on 18.12.2006 and he was brutally manhandled in the police station and he was produced before court only on 20.12.2006 and the court granted him bail knowing the fact that he was tortured. It is submitted that police is now after petitioner for arresting him and it is threatened that petitioner will be tortured like the 4th accused. [B.A.No.7904/08] 2 4. Petitioner was very much available in the locality and he was working in Kannur in G4S Cash Service (India) Private Ltd. as evidenced by the certificate issued. It is also submitted that petitioner was not so far arrested only because he is innocent. It is pointed out that in the first information statement, the name of petitioner is not mentioned and no overt act is alleged against petitioner of having used any weapon. Therefore, it is requested that anticipatory bail may be granted. 5. This petition is seriously opposed. Learned Public Prosecutor submitted that the victim was assaulted by 9 persons and F.I.R. was registered suo motu by the police. The name of the first accused alone was mentioned in the F.I.R. and names of other accused did not find a place in the first information statement only because those names were not known to police. But on the same day on 16.12.2008 etc. the injured was questioned and he had implicated all the accused including petitioner by name. It is not correct to say that petitioner is not an accused and he is not made an accused till 3.12.2008. It is also submitted that even as per the allegations in the first information statement, sticks were used by accused nos. 3 to 8 and the submission made by learned counsel for petitioner that no specific overt act is alleged against petitioner of having used [B.A.No.7904/08] 3 any weapon is not correct. The crime is registered only in 16.12.2006 and petitioner is required for arrest and interrogation and recovery of weapon. Therefore, it is not fit case to grant anticipatory bail, it is submitted. On hearing both sides and 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. More than two years have elapsed now and petitioner's name finds a place in the array of accused as early as in 2006 itself. Petitioner is required for arrest and interrogation. However, taking into consideration the allegation that 4th accused was tortured at the police station, I find that a direction can be issued to petitioner to surrender before the Magistrate court concerned and co-operate with the investigation. In the result, petitioner is directed to surrender before the Magistrate court within seven days from today. Petition is dismissed. K. HEMA, JUDGE. Krs. [B.A.No.7904/08] 4