IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2579 of 2010() ----------------------------- CRIME NO.822/10 OF KOTTARAKKARA POLICE STATION (S): PETITIONER/ACCUSED NO.1 & 2 ----------------------------------------------- 1. RAMANAN, VALIYAMELATHIL, MOOZHIKODE, KOTTATHALA P.O., KOLLAM DISTRICT. 2. UNNIKRISHNAN, KUNNATHUVILA VEEDU, MOOZHIKODE, KOTTATHALA P.O., KOLLAM DISTRICT. BY ADV. SRI.R.ARUN RAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, (CRIME NO.822/2010), KOTTARAKKARA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2579 of 2010 ---------------------------------------------- Dated 28th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 326 and 34 of the Indian Penal Code. According to prosecution, petitioners (A1 and A2), in furtherance of common intention attacked the defacto complainant using stones and he sustained injuries including a fracture to the skull. This happened when the defacto complainant questioned petitioners, who were found urinating near his well. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. Petitioners, who are workers of a Water Project, under instruction from the authorities, disconnected the water supply to the defacto complainant's house. This was questioned by the defacto complainant and petitioners were assaulted. While defacto complainant was chasing petitioners, he fell down and sustained injuries. 4. This petition is opposed. Learned Public Prosecutor BA NO.2579/10 2 submitted that grievous hurt is caused to defacto complainant and there is no ground to grant anticipatory bail. 5. On hearing both sides, I am satisfied that in a serious crime of this nature, anticipatory bail cannot be granted. A counter allegation is made by petitioners against defacto complainant, but that is not substantiated. There is absolutely nothing on record to support the assertions made by petitioners. Petition is dismissed. K.HEMA, JUDGE. tgs