IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6441 of 2008() ----------------------------- CRMP.3012/2008 of DISTRICT COURT, PALAKKAD CRIME NO.662/08 OF VADAKKENCHERRY POLICE STATION PETITIONER: ACCUSED NO.1: --------------------------------- RADHAKRISHNAN, AGED 34 YEARS, S/O.KARUPPAN, CHAMAPPARAMBU HOUSE, PARUVASSERY, KANNAMBRA, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6441 of 2008 ----------------------------------------- Dated this the 24th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 294 (b), 323 and 326 read with 149 of Indian Penal Code. According to prosecution, petitioner (first accused) along with four others, formed into an unlawful assembly armed with deadly weapon like iron rod etc. and assaulted de facto complainant and he sustained fracture of his finger bone etc. The incident happened on 11.9.2008 at about 6 PM on the road. 3. Learned counsel for petitioner submitted that on the same day at about 6 PM, the de facto complainant and others attacked the petitioner in front of his shop. They formed into an unlawful assembly and using iron rod etc. assaulted him and he sustained injuries and he was hospitalised. Crime was registered on the basis of his complaint, as Crime No.661/2008, earlier to the registration of the crime in this case. According to First Information Statement, petitioner aimed a blow on the de facto complainant and while he evaded the same with hand, he sustained a fracture. In such circumstances, anticipatory bail may be granted to the petitioner, it is submitted. BA.6441/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner used an iron rod and he is required for arrest and interrogation for the recovery of the weapon used. It is pointed out that there were two crimes registered against each other and in both the cases weapons were used and injuries were inflicted. The offshoot of the offence is the incident occurred at 5.30 PM on the same day while the petitioner was found to tease one Indira, which was protested by the de facto complainant. There was a quarrel and thereafter the incident in this case followed. 5. On hearing both sides, on considering the nature of the allegations made, I am not satisfied that it is a fit case to grant anticipatory bail. It appears that there was an attack on persons on both sides by using weapons, on account of a previous incident. At this stage I could not find any materials to exonerate petitioner from the allegations made against him. The petitioner is required for arrest and interrogation and recovery of weapons. Petitioner is directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.