IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6336 of 2008() ----------------------------- CRIME NO.671/08 OF VATANAPPILLY POLICE STATION PETITIONER/ACCUSED NO.4 ------------------------------------------- JAGADEESAN, AGED ABOUT 41 YEARS, S/O.BALAKRISHNAN, AARUKETTY HOUSE, EGANDIYOOR, THRISSUR DT. BY ADV. SRI.K.ANAND SRI.PRADEESH CHACKO RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, VATANAPPILLY POLICE STATION, THRISSUR DT. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6336 of 2008 ----------------------------------------- Dated this the 21st October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326 read with 149 of Indian Penal Code. According to prosecution, on 10.9.2008, petitioner, along with four others, formed into an unlawful assembly and assaulted the de facto complainant using iron rods and a grievous fracture was caused to him with other injuries. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He was a witness in a case on which BJP workers were accused. Since he gave evidence against the BJP workers in that case, the petitioner was falsely implicated as the fourth accused in this case. He was not present at the scene, but, he was in the house of his cousin at the time of occurrence. The evidence was given six months prior to the present incident. 4. This petition is opposed. Learned Public Prosecutor submitted that there is a specific allegation that petitioner had assaulted de facto complainant with an iron rod. Serious injuries were also caused to the de facto complainant. The reason is BA.6336/08 2 political rivalry. The motive alleged by petitioner to falsely implicate him, cannot be accepted, since evidence in the other case given six months prior to the present incident and no incident had happened in-between. The petitioner is not available for interrogation, though the crime was registered as early as on 10.9.2008. 5.On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail. In the nature of allegations made, it is clear that the petitioner will be required for arrest and interrogation and recovery of the weapon. Petitioner is directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.