IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2849 of 2010() --------------------------------------- CRIME NO.51/2009 OF KOLAVALLOOR POLICE STATION. .......... PETITIONER/ACCUSED -------------------------------------- ASHIK VANIYAMKANDY, S/O.KAREEM, VANIYAMKANDY HOUSE, KADAVATHOOR P.O. BY ADV. SRI.K.ANAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLAVALLOOR POLICE STATION. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 2849 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 427 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, petitioner along with other accused formed themselves into an unlawful assembly wrongfully restrained by de facto complainant, while he was proceeding in a motor bike and voluntarily caused hurt and committed the above offences. 3. Learned counsel for petitioner submitted that this case is falsely foisted due to political rivalry, no such incident happened. Respondents with party appeared before the Magistrate Court that the matter is settled. 4. This petition is opposed. Learned Public Prosecutor submitted that the investigation is over and the petitioner was not available for arrest during investigation. Petitioner is involved in other crimes also. B.A. No. 2849 of 2010 2 5. On hearing both sides, I find that this is not a fit case to grant anticipatory bail. If the matter is settled as stated, petitioner may surrender before the Magistrate Court concerned and apply for regular bail, if so advised. This petition is dismissed. K. HEMA, JUDGE ln