IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6250 of 2008()
1. CHANDRAHASAN,
... Petitioner
2. VIJAYAKUMAR, S/O. KUTTAPPAN NADAR,
3. ANILKUMAR, S/O. VELAYUDHAN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SAJU.S.A
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/10/2008
O R D E R
K. HEMA, J.
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B.A. No. 6250 of 2008
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Dated this the 24th day of October,2008
O R D E R
Petition for bail.
2. The alleged offences are under sections 326, 324 read
with section 34 IPC. According to prosecution, petitioners (A1 to
A3) in furtherance of their common objection assaulted de facto
complainant by using measuring weight and also iron block and
inflicted a fracture on the rib on 17-8-2008.
3. Learned counsel for petitioners submitted that there was
only an altercation and no injury was inflicted on de facto
complainant. De facto complainant was hospitalized only after
two days of the incident and petitioners are not responsible for
the rib fracture. The rib fractured can be caused even by a fall, it
is submitted. It is also submitted that there is a delay in
registration of the crime. It was registered only on 26-8-2008.
4. This petition is opposed. Learned Public Prosecutor
submitted that a fracture was caused in the incident and the pain
got aggravated by two days and then only de facto complainant
was taken to hospital. But that does not mean that de facto
complainant did not sustain any injury. Measuring weight and iron
block were used for the commission of offences. These are to be
BA 6250 /08 -2-
recovered. If petitioners are granted anticipatory bail, recovery
will not be possible.
5. On hearing both sides I am satisfied that petitioners are
required for interrogation and recovery of weapons. If anticipatory
bail is granted, there may not be an effective investigation. The
incident occurred as early as on 17-8-2008 and petitioners have
evaded arrest. On the facts of the case, it is not a fit case to grant
anticipatory bail.
Hence, petitioners are directed to surrender before
the Investigating Officer within ten days from today and
co-operate with the investigation.
With this direction, this petition is dismissed.
K.HEMA, JUDGE.
mn.