IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6132 of 2008() ----------------------------- CRMP.2167/2008 of DISTRICT COURT, KOTTAYAM CRIME NO. 540/2008 OF KOTTAYAM WEST POLICE STATION PETITIONER (S): -------------------- 1. HASHIM, AGED 32 YEARS, S/O. MUHAMMED KUNJU, THENGUMPILLIL HOUSE, THAZHATHANGADI KARA, KOTTAYAM. 2. NIYAS.O.K, AGED 26 YEARS, S/O. KOCHUMUHAMMED, ONAARAYIL HOUSE, KILOOR KARA, KOTTAYAM. 3. SHAFY.E.A, AGED 32 YEARS, S/O. ABUBACKER, EDAMALIKKAL HOUSE, KUMMANAM KARA, CHENGALAM VILLAGE, KOTTAYAM. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6132 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 324 and 326 IPC. According to the prosecution, petitioners assaulted defacto-complainant, after wrongfully restraining him, using iron rod and thereby caused grievous hurt to him. On a complaint lodged by defacto-complainant, a crime was registered under sections 341, 323, 324 and 326 IPC. 3. Learned counsel for the petitioners submitted that defacto-complainant is a notorious criminal and he came to the place of occurrence with his associates and started challenging people of the locality showing weapons. On seeing this and smelling some danger, people of the locality gathered there and took away the weapons from his hand and handed over the same to the police. Defacto-complainant escaped from the scene. In the course of this, the defacto-complainant sustained some injury by fall but the incident did not occur as alleged, and no weapon was used by the accused or any person. 4. Learned Public Prosecutor submitted that this is not a fit case to grant anticipatory bail, since petitioners cannot take law BA 6132/08 -2- into their hands. Iron rod was allegedly used for the offence and petitioners' presence will be required for interrogation and for recovery of weapon. However, the injuries sustained by the defacto-complaint are contusions and dislocation of the shoulder bone and there is no fracture, as such. 5. On hearing both sides, I find that no fracture is caused, though iron rod is allegedly used. There was only dislocation of bone and the other injury sustained is only contusion and not laceration. However, it is not fit to grant anticipatory bail, considering the nature of the allegations made. The incident occurred on 26-8-2008 and petitioners were not available for interrogation or investigation till now. Learned Public Prosecutor submitted that if the recovery is effected and petitioners are prepared to co-operate with the investigation, he has no objection in granting regular bail, since consideration for anticipatory bail and bail are different. 6. Hence, the following order is passed:- 1) Petitioners are directed to surrender before the Investigating Officer within ten days from today and co-operate with the investigation and make themselves available for interrogation. If BA 6132/08 -3- petitioners comply with the above direction and they are arrested and produced before the Magistrate Court concerned and if any bail application is filed, it shall be disposed of as expeditiously as possible and without any delay taking into account the observation made in this order. With these directions and observations, this petition is disposed of. K.HEMA, JUDGE. mn.