IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3298 of 2010()
1. MOHAMMED ALI, S/O.K.P.VEERAN,
... Petitioner
2. USMAN, S/O.ABOOBAKKER, AGED 43 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :07/06/2010
O R D E R
K.HEMA, J
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B.A No.3298 OF 2010
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Dated this the 7th day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 326 r/w 34
IPC. According to prosecution, on 06/04/2010 while the de facto
complainant was returning from the work, he was wrongfully
restrained by the petitioners in furtherance of their common
intention and they assaulted him using sword and knife and
inflicted serious injuries on him.
3. Learned counsel for the petitioner submitted that
petitioners are innocent of the allegations made. At a football
ground, there was altercation between two groups and the
petitioners happened to get into the same. But, they have not
committed any offence. Both the petitioners sustained injuries
and they were admitted in hospital ,as evidenced by Annexure A
and B.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioner’s names were mentioned in the First
Information Statement itself and the de facto complainant
sustained very serious injuries. There was a cut to the nerve and
offence under Section 326 is committed.
B.A No.3298 OF 2010 2
5. On hearing both sides, It only appears that both sides
sustained injuries. But it is not understood on what ground the
petitioners are entitled for anticipatory bail. I am satisfied that
this is not a fit case to grand anticipatory bail. The incident
happened on 06/04/2010 and petitioners were not available for
investigation.
6. Hence petitioners are directed to appear before the
Investigating Officer and co-operate with investigation. Whether
they appear or not, police is at liberty to arrest them in
accordance with law.
Petition is dismissed.
K.HEMA
JUDGE
vdv