IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7727 of 2008()
1. PRAKASH.K.A, AGED 39 YEARS,
... Petitioner
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.O.D.SIVADAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :06/02/2009
O R D E R
K.HEMA, J.
-----------------------------------------
B.A.No. 7727 of 2008
-----------------------------------------
Dated this the 6th February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
323, 324 and 307 read with 34 of the Indian Penal Code.
According to prosecution, on 3.10.2008, petitioner (second
accused), along with other accused, formed into an unlawful
assembly and armed with deadly weapons attacked de facto
complainant and his friends and attempted to commit murder.
3. Learned counsel for petitioner submitted that
petitioner is absolutely innocent of the allegations made. A
counter case is registered as Crime No.1084 of 2008 in
connection with the same offence and hence, petitioner may be
granted anticipatory bail, it is submitted. It is also submitted
that other accused are granted bail under Section 437 Cr.P.C.
4. This petition is opposed. Learned Public Prosecutor
submitted that the weapon has not been recovered and it is not
a fit case to grant anticipatory bail.
BA.7727/08 2
5. On hearing both sides and on going through the order
of the learned Sessions Judge in the application for
anticipatory bail, I find that the court has found that the
contents of the case diary prima facie reveal the complicity of
the petitioners in the offence and the allegations are grave and
serious. I do not find any reason to come to a different find
regarding the gravity of offence and the allegations made
against petitioner. The mere existence of a counter case is not
by itself a ground to grant anticipatory bail. Petitioner has not
made out any special ground to grant anticipatory bail. The
crime is registered as early as on 3.10.2008 and petitioner has
not so far surrendered. Hence, the following order is passed:
(1) Petitioner shall surrender before the
investigating officer forthwith 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 by petitioner in this
crime will be entertained by this Court.
Petition is dismissed.
K.HEMA, JUDGE
vgs.