IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 5467 of 2008() ----------------------------- CRIME NO.794/2008 OF TIRUR POLICE STATION .................... PETITIONERS (S): ACCUSED NOS. 1 TO 3: ---------------------------------------- 1. AKBAR, AGED 26 YEARS, S/O.CHERIYA BAVA, KADUVANDI PURACKAL, UNNIYAL, AZHIKKAL, PUTHIYA KADAPURAM P.O., TANUR, MALAPPURAM DISTRICT 2. ALI, AGED 33 YEARS, S/O.CHERIYA BAVA, KADUVANDI PURACKAL, UNNIYAL, AZHIKKAL, PUTHIYA KADAPURAM P.O., TANUR, MALAPPURAM DISTRICT 3. AFSAL, AGED 19 YEARS, S/O.ABOOBACKAR, ALI HAJINTE PURACKAL HOUSE, UNNIYAL, PUTHIYA KADAPURAM P.O., TANUR, MALAPPURAM DISTRICT BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL SRI.P.MURALEEDHARAN (THURAVOOR) RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE SUB INSPECTOR OF POLICE, TIRUR. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5467 of 2008 ------------------------------------------------- Dated this the 13th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323 and 307 read with Section 34 IPC. According to prosecution, petitioners allegedly assaulted the defacto complainant while he was going to his house, following an altercation which occurred earlier between the defacto complainant and the petitioners in a fish market. 3. The incident happened on 13.7.2008. Petitioners are accused nos.1 to 3 and they could not be arrested so far. This petition is opposed. Learned public prosecutor submitted that a knife was used for the offence and the recovery also could not be effected. The first and the second accused filed anticipatory bail application repeatedly before the learned Sessions Judge and those were dismissed. 4. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made and BA No.5467/08 2 that they are implicated due to political enmity. They apprehend arrest and humiliation from the police, it is submitted. 5. On hearing both sides, I do not find any reason to grant anticipatory bail in an offence of this nature. No special circumstance is pointed out to invoke the discretion under Section 438 Crl.P.C. The anticipatory bail applications filed by petitioners were dismissed by the learned Sessions Judge twice. 6. Petitioners could not be arrested even though the incident happened as early as on July 2008 and the recovery also could not be effected. Hence, petitioners are directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction this petition is dismissed. K.HEMA, JUDGE csl