IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Bail Appl..No. 2988 of 2010() --------------------------------------- CRIME NO.496/2010 OF VADAKARA POLICE STATION ............. PETITIONER/IST ACCUSED ------------------------------------------ P.P.MANOJ, S/O.KELAPPAN, PUTHUKKUDI PARAMABATH, THODANNOOR (POST), VADAKARA, KOZHIKODE (DIST). BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- THE STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2988 OF 2010 ----------------------------------- Dated this the 12th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 147, 148, 324, 452, 427 r/w 149 IPC. According to prosecution, on 25.4. 2010 at about 6.45 pm, petitioner (A1) along with other accused, formed themselves into unlawful assembly and trespassed into the residence of defacto complainant and assaulted him and his close relatives and inflicted injuries. They also damaged window glasses, doors etc. and also a motor cycle which was parked in the compound. 3. Learned counsel for petitioner submitted that petitioner is a teacher working in a muslim school. He is a supporter of CPI(M). He has no enemity towards any members of Muslim League. A false complaint is lodged against petitioner out of political enemity. It is also submitted that a counter case is registered in respect of the same incident. 4. This petition is opposed. Learned public prosecutor B.A. No.2988/10 2 submitted that as per the allegations in the FI statement, petitioner used an iron rod and injuries are inflicted on the defacto complainant, his wife and mother. Iron rod is to be recovered for which petitioner's custodial interrogation is necessary. 5. On hearing both sides, I am satisfied of the submission made by learned public prosecutor. Considering the serious nature of allegations made, the need for custodial interrogation, and recovery of weapon, I am satisfied that this is not a fit case to grant anticipatory bail. Though the petitioner would assert that he is innocent of the allegations made, there no material to support such assertion. A mere registration of a counter case is not a ground to grant anticipatory bail. Petitioner is bound to surrender before the investigating officer and co-operate with the investigation. 6. No further application for anticipatory bail in this crime will be entertained by this court hereinafter. This petition is dismissed. K. HEMA, JUDGE. Sou. B.A. No.2988/10 3