IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 2699 of 2010() ----------------------------- CRIME NO.440/2010 OF ERAVIPURAM POLICE STATION, KOLLAM. (S): PETITIONER/ACCUSED -------------------------------------- MANOJ @ ANTONY, AGED 19 YEARS, S/O.SEBASTIAN, PORT COLONY, NEENDAKARA P.O., NEENDAKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2699 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 294(b), 341, 323, 324 and 506(ii) read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution, on 15.4.2010, accused nos.1 to 11 committed rioting, armed with sword stick, surgical blades etc. and also committed house trespass into the house of defacto complainant and assaulted him by using weapons and inflicted injuries on defacto complainant and his son. They also used abusive language against them in public. 3. Learned counsel for petitioner(A2) submitted that as per the allegations made by prosecution, the accused came in two autorikshaws. One autorikshaw was seized by police and was kept in the police station. The said autorikshaw belongs to petitioner and he went to the police station to get the autorikshaw. Petitioner was hence, implicated in the crime, it is submitted. BA NO. 2699/10 2 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made against petitioner are serious in nature. The second accused used a sword and he had kept the sword against defacto complainant's neck and criminally intimidated him. 5. On hearing both sides and on considering the serious nature of the allegations made, I find that this is not a fit case to grant anticipatory bail. The incident happened as early as on 15.4.2010 and petitioner was not available for arrest. Petitioner is bound to surrender before Investigating Officer without any delay and co-operate with the investigation. Petitioner has not made out any ground for granting anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs