IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 Bail Appl..No. 665 of 2009(A) ------------------------------------ CRL.MC.2136/2008 of SESSIONS COURT,TRIVANDRUM CRIME NO.479/2008 OF KILIMANOOR POLICE STATION .................... PETITIONER/2ND ACCUSED : ----------------------------------- BABU, S/O.KOCHADHICHAN AGED 42, R/AT.PARAVILA VEEDU, MALAYMADAM, KILIMANOOR, KILIMANOOR VILLAGE BY ADV. SRI.K.V.KUMARAN SMT.A.T.UMA RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA TEP. BY THE PUBLIC PROSECUTOR, THIRUVANANTHAPURAM-695001. 2. S.I. OF POLICE, KILIMANOOR POLICE STATIOM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.665 OF 2009 -------------------------------- Dated this the 12th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 324, 308 read with 34 of I.P.C. According to prosecution, on 27.10.2008 at about 9.30 p.m., accused nos.1 and 2 in furtherance of common intention to commit culpable homicide, assaulted the defacto complainant with iron rod and caused fracture and also other grievous hurt. 3. Learned counsel for petitioner submitted that petitioner is the second accused and first accused was granted bail by this court as per Annexure A (order dated 15.12.2008 in B.A.No.7413 of 2008). 4. Learned Public Prosecutor opposed this application and submitted that this is not a fit case to grant anticipatory bail. First accused was granted bail under Section 439 Cr.P.C. after a long period of detention. But in this case, petitioner, who is the second accused had also assaulted the defacto complainant and testicle had to be removed, consequent to the B.A.No.665 of 2009 2 injury sustained. The incident happened since the defacto complainant who was driving a vehicle did not give side to the vehicle, which was driven by first accused, who was proceeding in a pick up van from behind. The defacto complainant's vehicle was intercepted and both the accused assaulted him. On hearing both sides, I am satisfied that considering the nature of the allegations made, this is not a fit case to grant anticipatory bail. Granting of bail to a co-accused is not a ground to grant anticipatory bail. The crime is registered as early as on 28.10.2008 and petitioner is bound to surrender before the police and co-operate with the investigation. Hence, the following order is passed : i) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. B.A.No.665 of 2009 3 ii) No further application for anticipatory bail by petitioner in this crime will be entertained. The petition is dismissed. K.HEMA, JUDGE pac