IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Bail Appl..No. 4979 of 2008(F) ------------------------------------ CRIME NO.5/2008 OF ARYANAD POLICE STATION PETITIONERS:ACCUSED 1 & 3 TO 6 :- --------------------------------------------- 1. VIGIN, S/O RAJAN, AGED 22 YEARS, KIZHAKKUMKARA VEEDU, VARUKADU, IYTHI, PARANGODU P.O., ARYANAD. 2. PRAVEEN, S/O SUNDARAM, SHYLAJA BHAVAN, IYTHI, PARANGODU P.O., ARYANAD. 3. VIPIN , S/O RAJAN, KIZHAKKUMKARA VEEDU, VARUKADU, IYTHI,PARANGOUD P.O., ARYANAD. 4. ANIL KUMAR @ VARUNNI, SUNIL BHAVAN, S.N. NAGAR, IYTHI,PARANGOUD P.O., ARYANAD. 5. SUNIL KUMAR, SUNIL BHAVAN, IYTHI, PARANGODU P.O., ARYANAD. BY ADV. SRI.M.SREEKUMAR RESPONDENTS:STATE & COMPLAINANT :- ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, ARYANAD. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4979 OF 2008 ------------------------------ Dated this the 8th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 323, 324, 326, 308 and 294(b) read with Section 149 of IPC. According to the prosecution, accused 1 to 6 formed an unlawful assembly and assaulted the defacto complainant by using chopper and he was sustained grievous injury. 3. Learned counsel for the petitioners submitted that the 2nd accused and the defacto complainant were on enimical terms with each other since long time past. They were involved in illicit liquor business. The 2nd accused was under the impression that the defacto complainant informed the excise officials about the illicit business and hence he is falsely implicated. Petitioners and accused nos.3 to 4 who are sons and close relatives of the 2nd accused (against whom the defacto complainant had enimity) also were brought into the array of accused on false allegations. The petitioners have not committed any offence, it is submitted. B.A.4979/2008 2 They are students also. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that two fingers of the defacto complainant were amputated in the attack made by the 1st accused with chopper. The other accused persons have also assaulted him as members of the unlawful assemly also. The investigation is at the initial stage and the petitioners are required for the purpose of interrogation, it is submitted. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac