IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 Bail Appl..No. 2358 of 2010() ----------------------------- ( CRIME NO. 153/2010 OF POTHENKODU, THIRUVANANTHAPURAM) ACCUSED NO.1 -------------------------------- RAFI, AGED 38 YEARS, S/O. MOIDEEN PICHA, M/S. BHAVAN, CHERUVILLY, POTHEN KODU, TRIVANDRUM DISTRICT. BY ADV. SRI.SANU.S.PANICKER SRI.M.ZIYAD RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, POTHEN KODU POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 2358 of 2010 --------------------------------------------------- Dated this 27th day of May, 2010. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 143, 147, 148, 149, 341, 32, 326 and 308 IPC. According to prosecution, on 22.3.2010, petitioner (A1) along with 7 other accused formed into unlawful assembly, intercepted a motor cycle in which petitioner's father- in-law was proceeding and the accused armed with deadly weapons like iron rod, inflicted injuries on de facto complainant and he sustained fracture to leg and finger and thereby committed various offences. Petitioner was on inimical terms with father-in- law ever since petitioner pronounced 'talaq' of his daughter. 3. Learned counsel for petitioner submitted that petitioner is not involved in the offence. It cannot be said that there is any premeditation, since the incident happened while he was proceeding in a motor cycle. It is also submitted that there is delay in registration of crime.The incident happened on 23.10.2010 and the crime was registered on the next day. The de facto [B.A.No.2358/10] 2 complainant is on inimical terms with petitioner and hence this is a falsely foisted case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's name is mentioned in the First Information Statement itself. The de facto complainant sustained two fractures and iron rod was used for committing offence. De facto complainant and petitioner were on inimical terms on account of declaration of 'talaq'. It is submitted that the statement of de facto complainant was recorded on getting intimation from the doctor and there is no delay in registration of crime, as alleged. 5. On hearing both sides, on considering the serious nature of the allegations and the nature of investigation required I am satisfied that petitioner may be needed for interrogation and this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Krs.