IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 8050 of 2008(A) ------------------------------------------ (CRIME NO. 834/2008 OF THAMARASSERRY POLICE STATION) ........... PETITIONERS/ACCUSED: ------------------------------------ 1. ASHRAF.K., S/O KOYAMU HAJI, KUDUKKIL UMMARAM, THAMARASSERY P.O., KOZHIKODE. 2. NADAR.K., S/O MOOSA KUDUKKIL, -DO- 3. MUHAMMEDALI.K., S/O MOOSA, -DO- 4. SAMARUDHEEN.K., S/O MUHAMMED, -DO- 5. MOHANAN P.C., S/O CHATHUKUTTY, KAYYELIKUNNUMMAL HOUSE, KADUKKIL UMMRAM, THAMARASSERRY, KOZHIKODE. 6. ASHIQUE C.K., S/O ASHRAF, CHAKKITTAKANDY HOUSE, KAARADI, THAMARASSERRY, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/ COMPLAINANT/ STATE: ---------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, THAMARASSERRY POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 8050 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 324, 326 and 308 read with section 149 IPC. According to prosecution, petitioners and others formed themselves into an unlawful assembly and assaulted de facto complainant using iron rod and inflicted a fracture. 3. Learned counsel for petitioners submitted that de facto complainant is involved in various criminal cases and he has enemies also. Petitioners are implicated under some mistaken impression. Petitioners are absolutely innocent of the allegations made, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that names of petitioners find a place in the F.I.R. itself. They were identified by de facto complainant and their involvement is revealed from the First Information Statement itself. Iron rod was used and a fracture was caused to de facto complainant and it is not a fit case to grant anticipatory bail. Petitioners are required for recovery of the weapon used, it is submitted. BA 8050/08 -2- 5. On hearing both sides, considering the serious nature of the allegations made and nature of investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners shall surrender before the Investigating Officer forthwith and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.