IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7727 of 2008() ----------------------------- CRIME NO.1083/08 OF KUNNAMKULAM POLICE STATION PETITIONERS ------------------------------- PRAKASAN.K.A, AGED 39 YEARS, S/O.APPUKUTTAN.K.K, KULANGARA HOUSE, THIPPALLUR DESOM, ERUMAPETTY.P.O, THRISSUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7727 of 2008 ----------------------------------------- Dated this the 6th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324 and 307 read with 34 of the Indian Penal Code. According to prosecution, on 3.10.2008, petitioner (second accused), along with other accused, formed into an unlawful assembly and armed with deadly weapons attacked de facto complainant and his friends and attempted to commit murder. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. A counter case is registered as Crime No.1084 of 2008 in connection with the same offence and hence, petitioner may be granted anticipatory bail, it is submitted. It is also submitted that other accused are granted bail under Section 437 Cr.P.C. 4. This petition is opposed. Learned Public Prosecutor submitted that the weapon has not been recovered and it is not a fit case to grant anticipatory bail. BA.7727/08 2 5. On hearing both sides and on going through the order of the learned Sessions Judge in the application for anticipatory bail, I find that the court has found that the contents of the case diary prima facie reveal the complicity of the petitioners in the offence and the allegations are grave and serious. I do not find any reason to come to a different find regarding the gravity of offence and the allegations made against petitioner. The mere existence of a counter case is not by itself a ground to grant anticipatory bail. Petitioner has not made out any special ground to grant anticipatory bail. The crime is registered as early as on 3.10.2008 and petitioner has not so far surrendered. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer forthwith and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.