IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2856 of 2010() ----------------------------- CRIME NO.583/10 OF THALASSERY POLICE STATION, KANNUR. (S): PETITIONER/ACCUSED -------------------------------------- 1. BABURAJ, S/O.SWAMIKUTTY, SHIKILA NIVAS, THIRUVANGAD, THALASSERY. 2. SHIKATH, DO. DO. 3. SHIGIL, DO. DO. 4. SAROON @ KUTTAN, S/O.RAJAN, PURAKKANDY, THIRUVANGAD, THALASSERY. 5. K.K.MAHESH, S/O.JAYANANDAN, KUNNATHKOTTAYI, KODIYERI, THALASSERY. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, THALASSERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2856 of 2010 ---------------------------------------------- Dated 3rd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners (accused Nos.1 to 3, 6 and 7) along with other accused formed into an unlawful assembly and assaulted defacto complainant using iron rod and sword stick and thereby inflicted injuries on defacto complainant, which includes fracture. The incident happened on 25.4.2010 at about 6 p.m. 3. Learned counsel for petitioners submitted that no incident, as alleged in this case happened. On the other hand, defacto complainant attacked first accused's wife on 20.4.2010 and she sustained serious injuries. She was hospitalised on the very same day, as evidenced by the wound certificate (Annexure A1). She was discharged on 23.4.2010 and later, petitioners came to know that they were implicated falsely in the present case. It is also submitted that first accused is the brother of defacto complainant and second and third accused are defacto complainant's elder brother's children. Accused 5 and 7 are the BA NO.2856/10 2 friends of accused Nos.2 and 3. 4. This petition is opposed. Learned Public Prosecutor submitted that it is not correct to say that this is a false case. The injured in this case was hospitalised on 25.4.2010 at about 6.20 p.m. and he sustained injuries, including fracture. Iron rod and sword sticks were used for the offence and those are to be recovered. 5. On hearing both sides and considering the serious nature of the allegations made, the need for interrogation and recovery of the weapons allegedly used, I am satisfied that this is not a fit case to grant anticipatory bail. Though petitioners would assert that they are innocent of the allegations made, there is only a bare assertion, without any supporting materials. The mere fact that first accused's wife was injured in an earlier incident is not a ground to grant anticipatory bail, holding that no incident, as alleged took place. Petition is dismissed. K.HEMA, JUDGE. tgs