IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 Bail Appl..No. 2335 of 2010(F) ----------------------------- CRIME NO.356/2010 OF ADOOR POLICE STATION PETITIONERS : ACCUSED 1 TO 4 ---------------------------------- 1. PURUSHOTHAMAN, HARISREE, AMMAKANDAKARA MURI, PERINGANADU VILLAGE, ADOOR. 2. AKHIL, S/O. PURUSHOTHAMAN, HARISREE, AMMAKANDAKARA MURI, PERINGANADU VILLAGE, ADOOR. 3. SUSHEELA @ LEELA, W/O. PURUSHOTHAMAN, HARISREE, AMMAKANDAKARA MURI, PERINGANADU VILLAGE, ADOOR. 4. AYYAPPA DAS, MAVILAYIL VEEDU, KARUVATTA VIDYA NAGAR, ADOOR. BY ADV. SRI.D.KISHORE RESPONDENTS : STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. K.MOHANAN, J. ----------------------------------------- Bail Application No.2335 of 2010 ----------------------------------------- Dated this the 20th day of April, 2010 O R D E R This is a petition filed under Section 438 Cr.P.C for pre- arrest bail. 2. The petitioners are accused Nos.1 to 4 in Crime No.356 of 2010 of Adoor Police Station registered for the offences punishable under Sections 447, 324, 326 and 34 of I.P.C, on the allegation that on 16.03.2010 at about 8.15 p.m the accused with an intention to cause grievous hurt to the defacto complainant, out of previous animosity connected with a boundary dispute, trespassed into the property of the defacto complainant and assaulted the defacto complainant and her husband with deadly weapons. 3. I have heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 4. The learned counsel for the petitioners vehemently submitted that the present case is registered against the petitioners as a counter blast of the crime committed by the defacto complainant and her husband. The learned counsel B.A.No.2335/2010 - 2 - made the above submission based upon Annexure-II crime. The learned Public Prosecutor submitted that 2 cases are registered as case and counter and the parties in the above 2 crimes are in loggerheads and therefore it is not proper to grant anticipatory bail to either of the parties. 5. I have carefully considered the contentions advanced by the counsel for the petitioners as well as the learned Public Prosecutor. From the pleadings and the materials on record, it appears that the petitioners are involved in a serious crime in which the offences involved are punishable under Sections 447, 324 and 326 r/w 34 I.P.C. According to the allegation, as a result of the attack made by the accused, 2 teeth of the defacto complainant were shaken and there was an injury on the forehead, just above the eyebrow. Two other persons were also sustained injuries. In the connected crime also, 3 persons were sustained injuries in which serious offences are involved and weapons were used. Considering the above factual inputs and the seriousness of the crime and gravity, I am of the view that granting of anticipatory bail to either of the parties will adversely affect the investigation, which is in progress. B.A.No.2335/2010 - 3 - 6. As this Court is not inclined to grant anticipatory bail, the learned counsel for the petitioners submitted that the petitioners are ready to surrender before the court below and the lower court may be directed to consider their application for regular bail on merit on the date of surrender itself. I find no reason to deny the above request. In the result, this petition is disposed of directing the petitioners to surrender before the competent Magistrate court within a period of 2 weeks from this date and to move an application for regular bail after giving copy of petition sufficiently in advance to the Assistant Public Prosecutor, which shall be considered by the said Court preferably on the date of filing the application, after their surrender and to pass appropriate orders therein. V.K.MOHANAN JUDGE rtr/