IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 5682 of 2008() ----------------------------- CRIME NO.710/2008 OF KUNDARA POLICE STATION PETITIONERS/ACCUSED NOS.1, 2 & 4 ---------------------------------------------------- 1. SAJUDHEEN, S/O.ABDUL KHADER, AYISHA MANZIL, CHANDANATHOPPU P.O., KOLLAM - 14. 2. RASHEED, S/O.SHAMSUDHEEN, KUNNIKKOTTU VEEDU, KARIKKODE POST, KOLLAM-5. 3. S.K.NAZAR, S/O.SHAHUL HAMEED, THOPPIL HOUSE, NEAR MEKKON JUMA MASJID, CHANDANATHOPPU P.O., KOLLAM-14. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5682 of 2008 ------------------------------------------------- Dated this the 13th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 IPC. According to prosecution, accused nos.1 to 4, along with 16 identifiable persons allegedly assaulted the defacto complainant using iron rod, wooden stick etc. The third accused aimed a blow on the head of the defacto complainant, but, it was evaded and hence, no injury was sustained. 3. Learned counsel for the petitioners submitted that defacto complainant has not sustained serious injuries and the allegations would not constitute offence under Section 308 IPC. The said Section is included only to see that the petitioners are harassed by incorporating a non-bailable offence. Petitioners are prepared to co-operate with the investigation. Hence, they may be granted anticipatory bail, it is submitted. 4. Learned public prosecutor submitted that the first petitioner is only suspected to be involved in the offence. Petitioners 2 and 3 are accused nos.2 and 4 in the crime. The BA No.5682/08 2 matter is being investigated into and the first petitioner's involvement is to be confirmed. But, the second and the fourth accused have committed the offence, as per the materials in the case diary. They are implicated in the FIR itself by name. The incident occurred on 3.8.2008 and the accused could not be arrested so far. However, it is conceded that the injuries are abrasions, contusions etc. It is also submitted that except the offence under Section 308 IPC, all other offences are bailable. 5. On hearing both sides, I find that in the nature of allegations made, it may not be fit and proper to grant anticipatory bail by invoking the discretionary powers under Section 438 Crl.P.C. However, for the purpose of bail, it shall be treated whether by the court or by the police that offence under Section 308 IPC is not involved. Petitioners are, however, directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl