IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 7434 of 2008() ----------------------------- CRIME NO. 257/2008 OF MAVOOR POLICE STATION PETITIONER (S): 1ST ACCUSED: -------------------------------- RENJITH, S/O.VELAYUDHAN, KANHIRA MEETHOL KANNIPARAMBA, MEVOOR, KOZHIKODE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7434 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323 and 324 read with section 34 IPC. According to prosecution, petitioner (A1) along with other accused formed themselves into an unlawful assembly, wrongfully restrained de facto complainant and assaulted him with iron rod and he sustained a fracture. 3. Learned counsel for petitioner submitted that actually petitioner's mother was attacked by de facto complainant at petitioner's house and on hearing the cry, petitioner came to the scene and he was also attacked. A complaint was lodged petitioner's mother against de facto complainant. 4. Learned Public Prosecutor submitted that accused 2 to 7 were granted anticipatory bail, but petitioner is the person who used an iron rod and caused a fracture to de facto complainant. He is required for interrogation and investigation and on the facts of this case, this is not a fit case to grant anticipatory bail. 5. On hearing both sides, it only appears that bare allegations were made without any supporting materials. In the BA 7434/08 -2- nature of allegations made and nature of investigation required, I am not inclined to grant anticipatory bail. The incident occurred as early as on 13-10-2008 and petitioner is not available for arrest so far. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. It is made clear that no further application for anticipatory bail by petitioner in this case will be entertained by this Court hereafter. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.