IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Bail Appl..No. 4279 of 2008() ----------------------------- CRIME NO.114/08 OF KIDANGOOR POLICE STATION PETITIONER/ACCUSED:- ------------------------------------- 1. ANEESH, S/O ASOKN, AGED 24 YEARS, KALAPPURATHOTTIYIL, CHERPPUNKAL, PULIYANNUR VILLAGE, MEENACHIL TALUK, KOTTAYAM. 2. JEYMON, S/O DAMODARAN, AGED 31 YEARS, PEEDIKAKKUNNEL, KARUR P.O.,PONATTUKARA, LALAM VILLAGE, MEENACHIL TALUK,KOTTAYAM. 3. RAJAN,S/OKUNJAN, AGED 34 YEARS, MATTATHIL HOUSE, KARUR P.O., PONATTUKARA, LALAM VILLAGE, KOTTAYAM, 4. JAYPAL A.K., S/O KRISHNAN KUTTY, AGED 31 YEARS,ERATHAL,MELAMPARA P.O., CHITTANIPPARA, EEZHAMPARA KARA, MEENACHIL TALUK, KOTTAYAM. 5. JEEVAN S., S/O SEBASTIAN K.S., KINATTUKARA, PALA P.O., LALAM VILLAGE, LALAM KARA. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALAAT ERNAKULAM REPRESENTED BY CIRCLE INSPECTOR OF POLICE, KIDANGOOR POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4279of 2008 ----------------------------------------- Dated this the 10th July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149,341, 324, 323 and 308 of the Indian Penal Code. According to prosecution, on 16.6.2008 all the accused attacked the de facto complainant due to previous enmity. Granite stone was used for the commission of offence. 3. Learned counsel for petitioners submitted that this case is only an offshoot of a political rivalry. The de facto complainant is a Branch Secretary of the ruling party and this case is falsely foisted against the petitioners, who belong to the rival group. De facto complainant did not sustain any injuries, it is submitted and hence they request for anticipatory bail. 4. Learned Public Prosecutor submitted that the submissions made on behalf of the petitioners are not correct. The de facto complainant sustained fracture on the nose and a stone was also used for the offence. The said stone is not recovered. Petitioners are required for custodial interrogation. 5. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE vgs.