IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7777 of 2008() ----------------------------- CRIME NO. 1011/2008 OF KAYAMKULAM POLICE STATION PETITIONERS/ A1 & A2 ---------------------------------------- 1. UNNIKRISHNAN, S/O.KUNJIRAMAN, AGED 25 YEARS, AKKARAPADEETATHIL, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. 2. UHAYAN, AGED 26 YEARS,S/O.KUNJIRAMAN, AKKARAPADEETATHIL, CHERAVALLY MURI, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON 05/01/2009 PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7777 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324, 506 (ii) read with section 34 IPC and sections 7(b) read with section 27(ii) of the Arms Act. According to prosecution, petitioners (A1 and A2) in furtherance of common intention assaulted de facto complainant using hands and also sword and committed various offences on 8-12-2008. 3. Learned counsel for petitioners submitted that petitioners called autorickshaw on hire, which was driven by de facto complainant. Since he refused to go on hire, there was some altercation, but nothing more than had happened. 4. This petition is opposed. Learned Public Prosecutor submitted that sword was used for the attack and de facto complainant sustained an incised wound. Weapon is seized. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of allegations made, I do not think it is a fit case to grant anticipatory bail. No special circumstances pointed out by learned counsel for petitioners which will call for granting anticipatory bail. BA 7777/08 -2- Hence, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. This petition is disposed of accordingly. K.HEMA, JUDGE. mn.