IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 Bail Appl..No. 7018 of 2008() ----------------------------- CRIME NO. 425/2008 OF WADAKKANCHERY POLICE STATION PETITIONER (S): IST ACCUSED ------------------------------- RAJESH KUMAR, S/O. AYYAPPAN, AYYAMKOTTIL HOUSE, P.O. KUMARANELLUR, WADAKKANCHERY. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, WADAKKANCHERY, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7018 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 324 and 308 read with section 34 IPC. According to prosecution, on 29-6-2008 at 9.40 p.m. petitioner (A1) along with three others, in furtherance of common intention, wrongfully restrained driver of a bus and assaulted him. The 1st accused used torch and 2nd accused used bottle, to inflict injuries on de facto complainant 3. Learned counsel for petitioner submitted that petitioner is implicated as 1st accused. He is absolutely innocent of the allegations made. He was arrayed as an accused only because of a mistaken identity. The incident occurred in the night and hence, a proper identification of the assailants would not have been possible. Therefore, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that in a case of this nature, it is not proper to grant anticipatory bail. It is also pointed out that there was an earlier incident in which petitioner had a quarrel with de facto complainant and therefore, the parties are known to each other and there could be no mistake in the identity. Petitioner is BA 7018/08 -2- implicated as 1st accused and he is required for interrogation. The incident occurred on 29-6-2008 and petitioner could not be arrested so far. 5. On hearing both sides, I am satisfied that petitioner is required for the purpose of interrogation. Considering the serious nature of allegations made, I do not find it fit to grant anticipatory bail to petitioner. Petitioner is directed to surrender before the Magistrate court concerned or 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. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.