IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 Bail Appl..No. 3778 of 2010() ----------------------------- CRIME NO.1521/10 OF ALUVA POLICE STATION, ERNAKULAM. (S): PETITIONER ------------------------------ GAFOOR M.K.,AGED 37 YEARS, S/O.KUNJUMOHAMMED, MANKALAGATHOTTU, EDAYAPPURAM, ALUVA-683106. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): --------------- STATE OF KERALA,(CRIME NO.1521/2010 OF S.I.OF POLICE,ALUVA POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3778 of 2010 ---------------------------------------------- Dated 25th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 506(II) and 308 with Section 34 of the Indian Penal Code. According to prosecution, petitioner (A2) along with 6 others, in furtherance of common intention assaulted defacto complainant using sword and iron rod and inflicted injuries. They also criminally intimidated the defacto complainant. 3. Learned counsel for petitioner submitted that this is a false case foisted against petitioner due to political enmity. Even as per prosecution case, petitioner has not used any weapon. No serious injuries are sustained by defacto complainant, though swords are used for the commission of the offence. The offence under Section 308 of the Indian Penal Code is not involved in this case, but it is included only to harass the accused, it is submitted. 4. Learned Public Prosecutor submitted that the injuries sustained are lacerated wound, contusions and abrasions. No BA NO. 3778/10 2 grievous hurt is sustained by defacto complainant or the other injured. It is also submitted that iron road is used by petitioner and it is to be recovered. 5. On hearing both sides, on considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. The recovery is not effected. Petitioner is bound to surrender before the Investigating Officer and co- operate with the investigation. Hence, the following order is passed : (i) Petitioner shall surrender before the Investigating Officer within seven days from today and co- operate with the investigation. (ii) On such surrender, the offence under Section 308 Indian Penal Code will be treated as not involved. Petition is disposed of accordingly. K.HEMA, JUDGE. tgs