IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3684 of 2008() ----------------------------- CRIME NO.136/2008 OF VANDIPERIYAR POLICE STATION PETITIONERS/ACCUSED 1 & 2 : ------------------------------------------ 1. DAVID, AGED 24 YEARS S/O.SELVAKUMAR MANCHUMALA VILLAGE 1ST DIVISION GAMBI ESTATE VANDIPERIYAR. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT ------------------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3684 of 2008 ------------------------------------------- Dated this the 18th day of June, 2008 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 326, 323 and 294(b) read with Section 34 IPC. According to the prosecution, on 19.4.2008 at about 4 p.m., the first accused beat the defacto complainant using an iron road and caused fracture to his right arm. The offence was committed in furtherance of their common intention in view of a dispute with respect to a property. 3. This petition is opposed. According to the learned public prosecutor, the recovery of the weapons is to be effected. The accused could not be arrested so far though the incident occurred early as on 19.4.2008. On hearing both sides, I am satisfied that it may not be proper to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl