IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 7768 of 2008() ------------------------------------------- (CRIME NO.525 OF 2008 OF CHAVARA POLICE STATION, KOLLAM) PETITIONER/ ACCUSED: --------------------------------------- K.JAYAPRASAD, CHIRAYIUDE THEKKETHIL, VADAKKUMTHALA KIZHAKKE MURI, PANAYANUR KAVU. BY ADV. SRI.V.V.RAJA SRI.M.T.SURESHKUMAR RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7768 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 294(b) and 326 IPC. According to prosecution, petitioner assaulted de facto complainant and hit him with a stone on his head and he sustained a fracture on skull. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. De facto complainant is a gun-man of a Minister. A meeting was going on and petitioner attended the meeting. The gunman was not on duty but he was also among the audience. De facto complainant picked up some quarrel with petitioner asking why he had come, since he was under the impression that petitioner belongs to a rebel group in the same political party of the R.S.P. and the Minister belonged to the other group of R.S.P. Petitioner was thereafter assaulted and he ran for life, since the two others who aided de facto complainant were known criminals. Petitioner and he sustained injuries from their hands. 4. It is not correct to say nor it is probable that petitioner assaulted de facto complainant in a public meeting where the same Minister is participating and delivering speech. Learned BA 7768/09 -2- counsel for petitioner also submitted that de facto complainant fell down and sustained injury while chasing petitioner. It is pointed out that there is a counter case filed against de facto complainant for assaulting petitioner. Petitioner also sustained injuries in the incident. Hence, anticipatory bail may be granted, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that this is not a case where de facto complainant is totally innocent of the allegations made. He had assaulted de facto complainant who is a gun-man by picking up a stone and hitting him, and sustained a fracture also. According to prosecution, petitioner picked up a quarrel with de facto complainant, asking whether he is a Minister's gun-man and assaulted him. It is not a fit case to grant anticipatory bail, it is submitted. 6. On hearing both sides, I find that both parties sustained injuries. A case and counter case were registered. At this stage it is not possible to come to a conclusion whether de facto complainant is the aggressor or not. Considering the nature of the allegations made, it may not be proper to grant anticipatory bail. BA 7768/09 -3- Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.