IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6395 of 2008() ----------------------------- CRIME NO.505/08 OF ATTINGAL POLICE STATION PETITIONER/A1 --------------------------------- BASHEER M., M.E.S.BUILDINGS, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6395 of 2008 ----------------------------------------- Dated this the 21st October, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the first accused in the crime. The alleged offences are under Sections 143, 147, 148, 149, 427 and 308 of Indian Penal Code. According to prosecution, on 27.8.2008 at about 5.45 PM, while the de facto complainant was proceeding in a car, he questioned the accused as to why they spit on the car and thereafter a quarrel ensued and first accused beat the petitioner with iron rod and committed various other offences, after forming an unlawful assembly along with other accused. The de facto complainant ran away from the car with his friend, but he was chased round by 15 persons and assaulted. 3. Learned counsel for petitioner submitted that the incident did not occur, as alleged. Both de facto complainant and the accused were travelling in different vehicles and each vehicle was overtaking one after the other and at one point of time the petitioner stopped vehicle, when de facto complainant went to him and he was assaulted. The people of the locality intervened and petitioner was taken to the hospital. He sustained injuries, as evidenced by Annexure-C discharge card issued from the Sree BA.6395/08 2 Gokulam Medical college Hospital. He also filed a representation before the Chief Minister, since the police was attempting to arrest him in an offence including Section 308 IPC. But no action was taken on the complaint lodged by the petitioner. 4. The petitioner understands that the de facto complainant is a close relative of an MLA and hence, the police is taking side of the de facto complainant. It is submitted by learned counsel for petitioner that in spite of a representation given to the Chief Minister, no crime is registered. In the above circumstances, if anticipatory bail is refused, for the purpose of recovery of weapon, it is likely that he may be harassed and he will suffer irreparable injury. Hence, anticipatory bail may be granted, it is submitted. 5. This petition is opposed. Learned Public Prosecutor submitted that the petitioner, along with others have assaulted the de facto complainant and iron rod is also used for the offence. The iron rod is to be recovered. The de facto complainant has sustained injuries in the incident. Contusion on the back side and an abrasion are caused to the de facto complainant. 6. On hearing both sides, it appears that there is an in action on the part of police in not registering any crime on the basis of the complaint filed by the de facto complainant, though he also sustained contusion on the scalp etc. in the course of the same BA.6395/08 3 incident and there are counter allegations. Both sides appear to have sustained injuries and some incident has happened. But, it cannot be said at this point of time who was the aggressor and under what circumstances both sides sustained injuries. But, I am not quite satisfied that it is a fit case to grant anticipatory bail. 7. However, taking into consideration the nature of allegations made and injuries sustained, I find that the for purpose of bail, offence under Section 308 IPC can be treated as not included by police and the court. This is only for the purpose of grant of bail. With the above observation, this petition is dismissed. K.HEMA, JUDGE vgs.