IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 677 of 2010() ---------------------------- (Crime No.31/2010 of Kudiyanmala Police Station, Kannur Dt.) PETITIONERS/ACCUSED ---------------------------------- 1. MATHUKUTTY @ MATHEW, S/O.THOMAS, AGED 36 YEARS, KADUPPIL HOUSE, PALERITHATTU, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. BENNY THOMAS, S/O.THOMAS, AGED 33 YEARS, KADUPPIL HOUSE, PALERITHATTU, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 3. ROY, S/O.THOMAS, AGED 30 YEARS, KADUPPIL HOUSE, PALERITHATTU, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. TOMY, S/O.THOMAS, AGED 39 YEARS, KADUPPIL HOUSE, PALERITHATTU, NADUVIL AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER KUDIYANMALA POLICE STATION, KANNUR DISTRICT, (CRIME NO.31/10 OF KUDIYAMALA POLICE STATION, KANNUR DISTRICT), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------- B.A.NO. 677 OF 2010 --------------------------------------- Dated this the19th day of May, 2010. ORDER This petition is for Anticipatory bail. 2. The alleged offences are under Sections 452,341,323,324 read with 34 of Indian Penal Code. According to prosecution, on 27.01.2010 at about 3.00 p.m, petitioners trespassed into the shop of the defacto complainant and attacked him with iron rod and knife and committed offences under Sections 452, 341, 323, 324 read with 34 of IPC. 3. Petitioners are accused Nos. 1 to 4 in the crime. Learned counsel for petitioners submitted that this is a counter blast to the crime which was registered at the instance of the petitioners in this case. Petitioners 1 and 2 are injured in the incident and the wound certificates Annexure A1 and A2 would reveal that they were injured. There is a case and counter case hence, petitioners may be granted Anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the incident happened close to defacto complainant's B.A.NO. 677 OF 2010 2 property and he sustained injuries also. Iron rod knife were used for the offence and those are to be recovered. 5. On hearing both sides, I am satisfied that petitioners will be required for the purpose of interrogation and recovery of alleged weapons used for the offence. The mere fact that there is a case and counter case may not be sufficient to grant Anticipatory bail. Unless the petitioners are able to probabalise that the defacto complainant and others were aggressors, no benefit can be extended to petitioners. Petitioners shall appear before the Investigating Officer within 7 days from today and co-operate with the investigation, since the incident happened about five months back and the investigation could not have progress without their interrogation etc. This petition is dismissed. K.HEMA,JUDGE. pm