IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 5420 of 2008() ----------------------------- CRIME NO.257/2008 OF PALODE POLICE STATION PETITIONER: ACCUSED NO.6 -------------------------------- N. ARUN RAJ, S/O. NANNIYODE RAJAN, KANAKKATHATHIL KURAMTHALI, PALODE, NEDUMANGADU, TRIVANDRUM. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.PRASUN.S RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTED BY S.I. OF POLICE, PALODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.5420 of 2008 --------------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 341, 323 and 308 IPC. According to prosecution, defacto complainant along with his son were going to his house while petitioner along with other accused formed into an unlawful assembly and wrongfully restrained him, assaulted him and committed various offences in prosecution of common object of unlawful assembly. Wooden sticks were used by the accused and defacto complainant sustained serious injuries on his head. 3. Learned counsel for petitioner would contend that this is a falsely foisted case based on political enmity, petitioner being a sympathiser of rival political party of the ruling party. It is his case that offence under Section 308 IPC will not be attracted. 4. This petition is opposed. Learned public prosecutor submitted that in the nature of allegations made, it is not a fit case to grant anticipatory bail. It is also pointed out that BA No.5420/2008 2 co-accused in this case also had filed a petition for anticipatory bail, but, it was dismissed by this Court. 5. On considering the contentions raised and the seriousness of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. The incident occurred as early as on 2.8.2008 and petitioner was not available for investigation. Hence, petitioner is directed to surrender before the Magistrate Court concerned or the Investigating Officer and co-operate with the investigation without delay. Whether he surrenders or not, police is at liberty to arrest him at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE csl