IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 6962 of 2008(A) ------------------------------------- CRIME NO.1147/2008 OF VADAKARA POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- O.K.SANTHOSH, S/O.ACHUTHAN, AGED 39, MADHAVA NIVAS, PALLIKUNNU P.O., KANNUR NAME AND ADDRESS OF THE PETITIONER ARE CORRECTED AS NITHIN R., S/O.BALAN, AGED 22, RAYAROTH HOUSE, P.O. CHEMARATHOOR, VADAKARA. AS PER ORDER DATED 17.11.2008 IN CRL.M.A.NO.6400/08 BY ADV. SRI.KRISHNADAS P. NAIR SRI.HARIDAS P.NAIR SMT.K.L.SREEKALA RESPONDENT : ----------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6962 OF 2008 ------------------------------ Dated this the 21st day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 307 read with 149 of I.P.C. and Sections 3 and 4 of the Explosive Substances Act. According to prosecution, petitioner (third accused) along with 6 other accused, formed into an unlawful assembly and assaulted defacto complainant using sword, iron rod etc. and he sustained 2 fractures. Explosive substances were also used in the incident. 3. The incident occurred on 15.10.2008. Learned counsel for petitioner submitted that the only overt act alleged against petitioner that he beat the defacto complainant with iron rod. Accused nos.2, 5 and 6 are already on bail. Hence, he may be granted anticipatory bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that considering the nature of offence committed and the fact that the recovery is to be effected, anticipatory bail may not be granted. B.A.No.6962 of 2008 2 On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail. The allegations made against petitioner are serious in nature and he is required for the purpose of recovery of the alleged weapon used. The incident occurred as early as on 15.10.2008 and petitioner is not available for arrest. i) Hence, petitioner is directed to surrender 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. ii) No further petition for anticipatory bail by petitioner in this crime will be entertained. The petition is dismissed. K.HEMA, JUDGE pac