IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 311 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7777/2008 Dated 05/01/2009 CMP.240/2009 of J.M.F.C., KAYAMKULAM .................... (CRIME NO.1011/2008 OF KAYAMKULAM POLICE STATION) PETITIONERS/A1 TO A2: -------------------------------------- 1. UNNIKRISHNAN, S/O. KUNJIRAMAN, AGED 25 YEARS, AKKARAPADEETATHIL, CHERAVALLY MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. 2. UDAYAN, AGED 26 YEARS, S/O.KUNJIRAMAN, AKKARAPADEETATHIL, CHERAVALLY MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN SRI.N.SUNIL JOSEPH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 311 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 323, 324, 506 (ii) read with section 34 IPC and under sections 7(b) read with section 27(ii) of the Arms Act. According to prosecution, petitioners (A1 and A2) in furtherance of common intention assaulted de facto complainant using hands and also sword and committed various offences on 8-12-2008. 3. Learned counsel for petitioners submitted that 1st petitioner is getting married and his engagement is fixed on 21- 1-2009. The earlier anticipatory bail application filed by petitioners was dismissed by this court and hence, petitioners surrendered before the court on 12-1-2009 and they were remanded to custody. 3. This petition is opposed. Learned Public Prosecutor submitted that sword was used for the attack and de facto complainant sustained incised wound also. The investigation is on the initial stage. BA 311/2009 -2- 4. On hearing both sides, I do not find it fit to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.