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. 2644 of 2010() CRIME NO.149/2010 OF ERUMAPETTY POLICE STATION ----------------------------- ACCUSED NOS. 3,4 &5 :- ------------------------------- 1. JITH @ GITHESH K.V., AGED 25 YEARS, S/O.VIJAYAN, KETTILINGAL HOUSE, NONGALLUR DESOM, AGATHIYOOR VILLAGE, THALAPPILLY TALUK, THRISSUR. 2. GINESH K.V., AGED 21 YEARS, S/O.VIJAYAN, KETTILINGAL HOUSE, NONGALLUR DESOM, AGATHIYOOR VILLAGE, THALAPPILLY TALUK, THRISSUR. 3. RAMESH K.B., S/O.BALAN, KAPPLENGADU HOUSE, CHIRAMENANGAD P.O., KAIDAKKUNNU DESOM, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL) RESPONDENT(S)/COMPLAINANT :- ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ERUMEPETTY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.R.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K. HEMA, J. -------------------------------------------- Bail Application No.2644 of 2010 --------------------------------------------- Dated 3rd June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Sections 143, 147, 148, 452, 323, 324, 308 & 149 of the Indian Penal Code. According to prosecution, petitioners 3 to 5 along with other accused trespassed in to the house of de facto complainant and assaulted de facto complainant with sword, chopper, iron rods etc. and implicated serious injuries and committed various offences. 3. The learned counsel for petitioners submitted that petitioners are innocent of the allegations made. Somebody attacked de facto complainant but by mistake he mentioned the names of petitioners. The de facto complainant was discharged from the hospital on the very same day. 4. This petition is strongly opposed. The learned Public Prosecutor submitted that de facto complainant sustained serious injuries and was referred to the Medical College Hospital, Thrissur. Even fracture was caused and lacerated wounds are sustained by de facto complainant. Weapons are to be recovered. Bail Application No.2644 of 2010 : 2 : 5. On hearing both sides and on considering the serious nature of allegations made, the nature of injury sustained, weapons used, need for interrogation of petitioners, recovery to be effected. I am satisfied that this is not a fit case to grant anticipatory bail. The medical record shows that de facto complainant had a case that the attack was made by known persons. This petition is dismissed. K. HEMA, JUDGE. Jvt