IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2555 of 2010() ----------------------------- CRIME NO.266/10 OF TIRUR POLICE STATION, MALAPPURAM. (S): PETITIONERS. -------------------------------- 1. IBRAHIM, S/O. PAREEKUTTY, KUTTYAMADATHU HOUSE, P.O. KOOTTAYI, MALAPPURAM. 2. DIRAR, AGED 23 YEARS, S/O. PAREEKUTTY, KUTTYAMADATHU HOUSE, P.O. KOOTTAYI, MALAPPURAM. 3. JAFFAR, S/O. PAREEKUTTY, KUTTYAMADATHU HOUSE, P.O. KOOTTAYI, MALAPPURAM. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, THOUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2555 of 2010 ---------------------------------------------- Dated 31st May, 2010. O R D E R This petition is for anticipatory bail. 2. According to prosecution, on 20.3.2010, petitioners (accused Nos.1 to 3) assaulted defacto complainant and inflicted fracture on him. The first accused used a stick for commission of the offence. There was previous enmity for commission of the offence. 3. Learned counsel for petitioners submitted that there was an earlier crime registered against defacto complainant's brothers, since they assaulted one of the petitioners, insisting him to withdraw the complaint filed by him. On the complaint made by one of the accused in this case, crime was registered against defacto complainant's brothers. This is only a counter case to that case, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the serious nature of offence, this is not a fit case to grant anticipatory bail. 5. On hearing both sides, I find that mere existence of BA NO.2555/10 2 a case and counter, is not a ground for granting anticipatory bail. Serious injuries are sustained by defacto complainant. Petitioners are not able to establish how the existence of two crimes in respect of same incident will entitle them to get the benefit under Section 438 of the Criminal Procedure Code. I am not inclined to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs