IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 672 of 2009() ---------------------------- (CRIME NO.28/2009 OF BALARAPMAPURAM POLICE STATION) PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. SANTHOSH KUMAR,THAIPURAM PUTHENVEEDU, THOZHUNKAL, NEYYATTINKARA.P.O. 2. KRISHNAN KUTTY,PARAKKUZHI KULATHINKARA VEEDU, THALAYAL, BALARAMAPURAM. 3. MANIKUTTAN @ RAJESH, S/O.SASI,RESIDING AT SHEEJA BHAVAN,THALAYAL,ATHIYANNUR VILLAGE. BY ADV. SRI.T.MADHU SRI.P.O.THOMAS RESPONDENT(S): STATE -------------------- THE STATION HOUSE OFFICER, BALARAMAPURAM POLICE STATION,REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 672 of 2009 --------------------------------------------------- Dated this the 18th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 324, 326 and 427 of IPC, According to prosecution, petitioners (A1 to A3) along with 3 other accused formed into an unlawful assembly armed with deadly weapons, like iron rod and iron pipe, assaulted de facto complainant and voluntarily caused hurt to him. A fracture was caused to the left leg. Mischief was also committed on 13.1.2009. 3. Learned counsel for petitioners submitted that petitioners are innocent. This case is filed as a counter-blast to crime no.22/2009 filed in respect of an assault made by the de facto complainant on the 3rd petitioner's father. The said incident was on 11.1.2009. No fracture or injury was sustained and hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that recovery of the weapon is not effected. The 3rd accused used an iron rod and accused nos.1 and 2 used iron [B.A.No.672/09] 2 pipe to cause the injury on de facto complainant and fracture was caused to the left leg. Petitioners are not available for arrest though their interrogation is required. 5. On hearing both sides, considering the serious nature of allegations made and the fact that recovery of weapon is to be effected, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners are bound to surrender and co- operate with the investigation. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioners in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.