IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7558 of 2008()
1. JAGADEESAN, S/O.BALAKRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/02/2009
O R D E R
K.HEMA, J.
-----------------------------------------
B.A.No. 7558 of 2008
-----------------------------------------
Dated this the 10th February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
341, 324, 326 and 308 read with 149 of the Indian Penal Code.
According to prosecution, petitioner (6th accused), along with
other accused, formed into an unlawful assembly and
wrongfully restrained de facto complainant and assaulted him
using iron pipes and caused fracture to his skull and thereby
committed various offences. The incident occurred on
10.9.2008.
3. Learned counsel for petitioner submitted that
petitioner is implicated in the case due to political animosity.
There was some clash between two groups in the locality and
this crime is registered because of such rivalry.
4. Learned Public Prosecutor opposed this petition and
submitted that the allegations made against petitioner are
serious in nature. Weapons like iron pipes etc. are used for the
commission of offence and petitioner is implicated as the 6th
BA.7558/08 2
accused. A fracture is also caused to the skull and it is not a fit
case to grant anticipatory bail, it is submitted.
5. On hearing both sides, considering the serious nature
of allegations made and the nature of investigation required,
which include recovery of weapon used, I am satisfied that this
is not a fit case to grant anticipatory bail. No special
circumstance is pointed out to invoke Section 438 Cr.P.C. Bare
assertion that this case is a falsely foisted one due to political
animosity will not by itself be a ground for this Court to invoke
provision under Section 438 Cr.P.C. Hence, the following
order is passed:
(1) Petitioner shall surrender before the
investigating officer and co-operate with the
investigation. Whether he surrenders or not,
police is at liberty to arrest him and proceed
in accordance with law.
(2) No further application for anticipatory bail
by petitioner in this crime will be
entertained by this Court.
Petition is dismissed.
K.HEMA, JUDGE
vgs.