IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 7913 of 2008() ------------------------------------------- (CRIME NO.157/2008 OF PERUMANNAMUZHY POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- ASHKARUDHEEN.C., AGED 19, S/O.MOIDEEN HAJI, CHALIL HOUSE, POST: VADAYAM, VIA. KAKKATTIL, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PERUMANNAMUZHY POLICE STATION, PERUMANNAMUZHY, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR FOR R1 & R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7913 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 323, 324, 308 read with section 149 IPC. According to prosecution, petitioner (A6) along with other accused formed themselves into an unlawful assembly and went to the place of occurrence in three vehicles and assaulted de facto complainant using iron rod and stone and inflicted injuries. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He is aged 19 years. He has not used any weapon, even as per the prosecution case. It is also submitted that injuries sustained by de facto complainant are simple and offence under section 308 will not be attracted. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that during the pendency of this petition, this Court directed petitioner to report before the Investigating Officer and as per the investigation, it is revealed that petitioner had gone to the spot in a motor cycle and it is not a fit case to grant anticipatory bail, since he was also a member of unlawful BA 7913/2008 -2- assembly. However, it is conceded that petitioner did not use any weapon. 5. On hearing both sides, considering the serious nature of allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. However, the incident occurred as early as on 3-9-2008 and petitioner has not surrendered so far either before the court or before the police and co-operated with the investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. If petitioner surrenders, offence involved in this case will be treated as one falling under section 324 IPC instead of section 308 IPC for the purpose of bail. 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.