IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Bail Appl..No. 3682 of 2010() ----------------------------- (CRIME NO.524/2010 OF OLLUR POLICE STATION, THRISSUR DISTRICT) APPLICANTS/ACCUSED 1 & 2 -------------------------------------------- 1. BINESH, AGED 33 YEARS, S/O.RAJAN, PANAMBILLY VEETIL, VALERKKAVU, THRISSUR. 2. BIJU, AGED 36 YEARS, S/O.BABY, KAKKASSERY HOUSE, VALERKKAVU, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I OF POLICE, OLLUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3682 OF 2010 -------------------------------- Dated this the 21st day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 308 r/w 34 of IPC. According to prosecution, petitioners (A1 and A2), in furtherance of their common intention wrongfully restrained de facto complainant and assaulted him using stone etc. and thereby committed the above offences. 3. Learned counsel for petitioner submitted that there is only minor injury to de facto complainant. First accused is stated to have been used only a stone and second accused kicked de facto complainant and anticipatory bail may be granted. It is also submitted that offences under Section 324 IPC is exaggerated as offence under Section 308 IPC. 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant had sustained injuries and this is not a fit case to grant anticipatory bail. 5. On hearing both sides and on going through wound certificate and Case Diary, I am satisfied that this is not a fit case to grant anticipatory bail. De facto complainant sustained irregular lacerated wound on the right temple area. However, I B.A No.3682 OF 2010 2 am satisfied that petitioner has a strong and arguable case regarding involvement of Section 308 IPC. Hence, the following order is passed. (1) Petitioners shall surrender before the Investigating Officer within seven days from today. (2) On such surrender, if the petitioners are arrested, offence under Section 308 IPC will be treated as not included for the purpose of bail. Petition is disposed of accordingly. K.HEMA JUDGE vdv