IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 120 of 2009(F) ----------------------------------- CRMP.8743/2008 of SESSIONS COURT,KOLLAM CRIME NO.944/2008 OF KOTTIYAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 & 2 : -------------------------------------------- 1. RAJEEV,S/O. RADHAKRISHNAN PILLAI RAJESH BHAVANAM, KANYAKUZHI, PERUMPUZHA KOLLAM. 2. SAJEEV, KUTTICHIRAVILA VEEDU KALLUVATTAMKUZHI MUKHATHALA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.120 OF 2009 ---------------------------- Dated this the 28th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 448, 341, 307 read with 149 of I.P.C. According to prosecution, petitioners (accused nos.1 and 2) along with other accused formed into an unlawful assembly and wrongfully restrained the defacto complainant's brother-in-law and trespassed into the defacto complainant's courtyard and assaulted using sword and knife and inflicted injuries and attempted to commit murder. 3. Learned counsel for petitioners submitted that first petitioner (first accused) is already arrested and released on bail during the pendency of this petition and hence, the prayer has become infructuous. Second accused has not committed any offence. The injured was engaged in illicit liquor sale and he was chased by people of the locality and he was assaulted but petitioners are absolutely innocent of the allegations made. They may be granted anticipatory bail, it is submitted. B.A.No.120 of 2009 2 4. This petition is opposed. Considering the nature of allegations made and the nature of investigation required, it is submitted by learned Public Prosecutor that anticipatory bail may not be granted. On hearing both sides and on perusal of the case diary particularly, the body note as against the wound certificate, I am satisfied that it is not a fit case to grant anticipatory bail. The recovery of the weapon is not effected. Therefore, I am not inclined to grant anticipatory bail. Petitioners shall surrender before the Investigating Officer or before the Magistrate court concerned and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac