IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 291 of 2009() ----------------------------------------- (CRIME NO.485/2008 OF THE KILIKOLLOOR POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- BIJU, AGED 24 YEARS, S/O. MOHANAN, MYLAVILA VEEDU, KILIKOLLOOR, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED THE SUB INSPECTOR OF POLICE, KILIKOLLOR POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 291 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 295(b), 341, 506(ii), 323, 324, 308 read with section 149 IPC According to prosecution, accused 1 to 5 formed themselves into an unlawful assembly, abused de facto complainant, wrongfully restrained him, criminally intimidated and voluntarily caused hurt to him by using knife, liquor bottle etc. The incident occurred on 21-9-2008 at about 6 p.m. 3. Learned counsel for petitioner submitted that de facto complainant who is a police constable was fully drunk and he drove his motor cycle in a rash and negligent manner to endanger human life and this was questioned by persons in the locality and some incident happened, but petitioner has not committed any offence, as alleged. De facto complainant is the aggressor and hence, petitioner may be granted anticipatory bail, it is submitted. No stab injury is sustained, though a knife is allegedly used, it is pointed out. BA 291/2009 -2- 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this is a premeditated act. There was an earlier incident on the same day, prior to the incident, in which de facto complainant's brother was hit by accused 1 to 3 who came in a motor cycle. De facto complainant questioned them and though they left, they came back with two more persons and committed the offences. De facto complainan sustained three lacerated injuries and he was hospitalized. It was not correct to say that he was drunk, as alleged. 5. On hearing both sides, on going through the case diary and particularly the wound certificate, I find that this is not a fi case to grant anticipatory bail, taking into account the serious nature of the allegations made. The wound certificate does no show that de facto complainant was even smelling liquor or drunk. Weapons are not recovered and hence, petitioner may require for the purpose of investigation and interrogation. The incident occurred on 21-8-2008 and petitioner could not be arrested so far. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- BA 291/2009 -3- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.