IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Bail Appl..No. 7354 of 2008() ----------------------------- CRIME NO.764/08 OF VAIKOM POLICE STATION PETITIONERS -------------------- 1. ROOPESH, S/O.MURALEEDHARAN, LAKSHMI VILASOM, UDAYANAPURAM, VAIKOM. 2. ANURAJ @ THAMBI, S/O.DASAN, SREE VALSOM, UDAYANAPURAM, VAIKOM. 3. SHERIF, S/O.PAREETH, ANZA MANZIL, UDAYANAPURAM, VAIKOM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, VAIKOM POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7354 of 2008 ----------------------------------------- Dated this the 1st January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 307 and 34 of the Indian Penal Code. According to prosecution, petitioners (accused 1, 3 and 5), along with three others, in furtherance of the common intention assaulted de facto complainant and his friend with a cricket bat and caused serious injuries to them and thereby attempted to commit murder. 3. Learned counsel for petitioners submitted that there was some altercation between the parties, when they were playing and the incident did not occur as alleged. De facto complainant did not sustain any serious injuries, but offence under Section 307 IPC is included only because de facto complainant is a DYFI worker. The person who allegedly used the cricket bat is first accused. Others have not committed any overt act, it is submitted. BA.7354/08 2 4. This petition is strongly opposed. Learned Public Prosecutor submitted that de facto complainant sustained serious injury to the head and he underwent an emergency operation on the very next day and as per the medical certificate, he would need another bilateral cranioplasty surgery after a period of one year. It is also submitted that the cricket bat used is not so far recovered also. 5. On hearing both sides, I am satisfied that in the nature of the allegations made and the seriousness of the act committed, it is not a fit case to grant anticipatory bail. Petitioners are directed to surrender before the investigating officer and co-operate with the investigation without any delay. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.