IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 2312 of 2010() ----------------------------- CRIME NO.78/2010 OF KAMBALAKKAD POLICE STATION, WAYANAD DIST. (S): -------------------- 1. BASHEER.V,S/O.ALI,VYSYAN HOUSE, KARINJAKUNNU,KOTTATHARA.P.O. 2. JAFFER.V.K,S/O.MOIDUTTY,VADAKKEDATH HOUSE,KARINJAKUNNU,KOTTATHARA.P.O. 3. SAIFUDHEEN.T,S/O.IBRAHIM,THALIYIL HOUSE, KARINJAKUNNU,KOTTATHARA.P.O. 4. SULAIMAN.V,S/O.MOIDUTTY,VYSYAN HOUSE, KARINJAKUNNU,KOTTATHARA.P.O. 5. ISMAYIL.TK,S/O.MOOSA,THAMATHRIKANATH HOUSE,KARINJAKUNNU,KOTTATHARA.P.O. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KAMBALAKKAD POLICE STATION, WAYANAD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2312 of 2010 ---------------------------------------------- Dated 19th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 323, 324 and 308 read with Section 34 of the Indian Penal Code. According to prosecution, on 24.3.2010 at about 8.45 p.m., petitioners (accused nos.1 to 5), in furtherance of common intention, assaulted defacto complainant by using stick, sword etc. and thereby committed the various offences. 3. According to petitioners, they are innocent of the allegations made. The defacto complainant has not sustained any injuries. In fact, petitioners were assaulted by defacto complainant and others, due to political animosity and on account of political influence, a false case is foisted against petitioners. 4. This petition is opposed. Learned Public Prosecutor submitted that 5th accused in this case is already arrested and hence, question of granting anticipatory bail to him does not arise. Petitioners have not surrendered so far and the weapons of offence could not be recovered. It is not correct to say that BA NO. 2312/10 2 defacto complainant did not sustain any injury at all. There were lacerated injuries on the head, near the eyes. There are other injuries also on the chest. There was blurring of vision and vomiting by the defacto complainant. He was referred to higher hospital for better management. 5. On hearing both sides and on considering the serious nature of the allegations made, the nature of the injury sustained and the need for custodial interrogation and recovery of weapon used, I am satisfied that anticipatory bail cannot be granted to petitioners 1 to 4. As far as 5th accused is concerned, since he is already arrested, anticipatory bail cannot be granted to him also. This submission is recorded. Petitioners 1 to 4 are bound to surrender and co-operate with the investigation. The incident happened as early as on 24.3.2010. Hence, the following order is passed : (1) Petitioners 1 to 4 shall surrender before the Investigating Officer and co-operate with the investigation without any delay. (2) No further application for anticipatory bail by petitioners 1 to 4 in this crime will be BA NO. 2312/10 3 entertained by this court hereafter. (3) The prayer for anticipatory bail by petitioners 1 to 5 is rejected. Petition is dismissed. K.HEMA, JUDGE. tgs