IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3768 of 2010() ----------------------------- (CRIME NO.612/2010 OF KASARAGOD POLICE STATION) PETITIONERS/IST AND 2ND ACCUSED --------------------------------------------------- 1. BASHEER P.M., S/O.MUHAMMED, AGED 30 YEARS, AKKARAPALLAM HOUSE, ALAMPADY POST, MUTTATHODI VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. KHALID, S/O.MUHAMMED, AGED 28 YEARS, AKKARAPALLAM HOUSE, ALAMPADY POST, MUTTATHODI VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3768 OF 2010 -------------------------------- Dated this the 1st day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 506(ii) 308 r/w 34 of IPC. According to prosecution, petitioners (A1 and A2), along with another (A3), in furtherance of common intention wrongfully restrained de facto complainant, criminally intimidated him and also assaulted him using iron rod and knife and inflicted injuries and thereby they committed the above offences on 04/06/2010 at about 5:30 p.m. 3. Learned counsel for petitioner submitted that petitioners and third accused are brothers. They are innocent of the allegations made. De facto complainant had a feeling that second accused is of bad character and hence, he questioned second accused while de facto complainant met him in town, why he was walking in front of de facto complainant's house etc. A quarrel occurred and there was a scuffle. De facto complainant fell down and sustained some minor injuries. First and third accused were not even present at the place of occurrence. But, a false complaint is filed against all the accused. It is also submitted that de facto complainant's brother-in-law is an area committee member of CPI(M) and hence a false complaint is lodged under his influence. B.A No.2868 OF 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant sustained serious injuries. Weapons were also used for commission of the offence. De facto complainant was treated as an out patient in one of the hospitals and thereafter referred to another hospital since there was bleeding from the ear. There were two injuries which were sutured, apart from bleeding from the ear. It is also pointed out that names of both petitioners and third accused are mentioned in the wound certificate itself. Petitioner's interrogation is necessary for effecting recovery of weapon. 5. On hearing both sides, I am satisfied that the allegations made against the petitioners are serious in nature. They allegedly used weapons which are to be recovered, for which, custodial interrogation will be necessary. De facto complainant also sustained serious injuries. In such circumstances, I think, this is not a fit case to grant anticipatory bail. Petitioners are bound to surrender before the Investigating Officer and co-operate with investigation without any delay. Petition is dismissed. K.HEMA JUDGE vdv