IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 2585 of 2010() -------------------------------------- CRIME NO.128/10 OF KELAKAM POLICE STATION, KANNUR ............................................. PETITIONER (S):/ACCUSED -------------------------------------- 1. BYJU, S/O.THOMAS, KUZHIPPALLIL HOUSE, ATTAMCHERRY, MANATHANA.P.O. 2. BABU, RESIDING DO. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KELAKAM POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.2585 OF 2010 ----------------------------------- Dated this the 20th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 341, 326 r/w 34 IPC. According to prosecution, petitioners (accused 1 and 2) in furtherance of common intention attacked defacto complainant by using stick and hands. The incident happened on 21.3.2010 at about 12 am and the accused committed the offences stated above. 3. Learned counsel for petitioner submitted that there is a case and counter case. At the instance of accused, crime no.129/10 was registered against defacto complainant for attacking petitioners. Admittedly, defacto complainant had come to petitioners for questioning him about an alleged attack by first accused on another person. It is also submitted that the matter is settled between parties. Therefore, anticipatory bail may be granted, it is submitted. 4. Learned public prosecutor submitted that the allegations made against petitioners are serious in nature. The injured in this case has sustained a fracture. Defacto complainant is a driver by profession and he was engaged in excavating sand by using JCB. B.A. No.2585/10 2 A mentally challenged boy came to him and told him that first accused had beaten him. Therefore, he asked first accused why he had done so. This incident happened on the road. First accused beat him with stick and second accused beat him with hands. There is no written instruction whether the matter is settled between parties, it is submitted. 5. On hearing both sides, I find that allegations made against petitioners are serious in nature. The circumstances under which defacto complainant went to petitioners are quite clear from the submissions made by learned public prosecutor. Petitioners were not able to make out any element of private defence or any ground to grant anticipatory bail. Only because two cases are registered in respect of same incident, anticipatory bail cannot be granted. On the facts of this case, I find that this is not a fit case to grant anticipatory bail. Petitioners are bound to surrender before the investigating officer and co-operate with investigation. 6. No further application for anticipatory bail in this crime will be entertained by this court hereafter. This petition is dismissed. K. HEMA, JUDGE. Sou.