IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 3330 of 2010() ----------------------------- (CRIME NO.972/2009 OF VALAPATTANAM POLICE STATION0 PETITIONER/ACCUSED/RANK NOT KNOWN ----------------------------------------------------- SHIBU.R., RAILWAY QUARTERS ROOM NO.50, NEAR GOOD'S SHED, KANNUR-1. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION, KANNUR. (THROUGH PUBLIC PROSECUTOR OF HIGH COURT OF KERALA). PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J -------------------- Bail Application No.3330 of 2010 ---------------------------------------------- Dated this the 7th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 326, 308 r/w Section 149 IPC. According to prosecution, first accused and de facto complainant were on inimical terms. Hence first accused hired gundas who are accused No.2 to 6 and others to assault de facto complainant. On the date of occurrence, on 16/12/2009 at about 11:45 P.M, petitioner (second accused) along with the other accused formed into an unlawful assembly and armed with sword assaulted de facto complainant and he sustained fracture. 2. Learned counsel for the petitioner submitted that petitioner is a student of an Engineering College and the identity card is Annexure A1. The incident happened 10 Kms. away from petitioner's place of residence. He is innocent of the allegations made, it is submitted. The incident happened about six months back that the petitioner is required for investigation. He is bound to surrender before the investigating Officer and co-operate with investigation. Bail Application No.3330 of 2010 2 3. This Petition is strongly opposed. Learned Public Prosecutor submitted that accused No.2,4 and 6 are hired gundas. Petitioner is the second accused and as per allegations made, he used sword to assault de facto complainant and he sustained serious injuries. The weapon is not recovered and petitioner is required for interrogation. 4. On hearing both sides, considering the serious nature of the allegations made, need for interrogation and recovery of weapon etc., I am satisfied that this is not a fit case to grant anticipatory bail. The mere fact that petitioner is a student and a bare assertion of innocence are not sufficient to persuade me to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vdv