IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6626 of 2008()
1. M.S.AJITHKUMAR, KERALA STATE PRESIDENT,
... Petitioner
2. R.S.ABIN, STATE GENERAL SECRETARY,
3. VINU.T., KOLLAM DISTRICT PRESIDENT,
Vs
1. STATE OF KERALA, REP. BY ITS PUBLIC
... Respondent
2. THE S.I. OF POLICE, KOLLAM EAST POLICE
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :27/01/2009
O R D E R
K.HEMA, J.
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B.A.No. 6626 of 2008
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Dated this the 27th January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 294(b),
323, 324, 308 and 427 read with 34 of the Indian Penal Code.
According to prosecution, petitioners 1 to 3, in furtherance of
common intention allegedly assaulted de facto complainant
and he sustained a fracture to his arm.
3. learned counsel for petitioners submitted that
petitioners are students and office bearers of the National
Students Congress. There was a State level meeting and there
was some confrontation with the opposite group of students
and de facto complainant fell down and sustained injury.
Offence under Section 308 IPC is included only for the
purpose of deliberately harassing petitioner, it is submitted. It
is also submitted that offence under Section 308 IPC is not
attracted.
4. This petition is strongly opposed. Learned Public
Prosecutor submitted that second accused has used a stone to
BA.6626/08 2
inflict injury and accused 1 and 3 assaulted by fisting and
kicking and thereby de facto complainant sustained a fracture.
It is not a fit case to grant anticipatory bail, it is submitted.
5. On hearing both sides, considering the nature of
allegations made, I am not inclined to grant anticipatory bail.
At this stage, I am not prepared to come to a conclusion that
offence under Section 308 IPC is not attracted. The mere
assertions by the accused are not sufficient to arrive at a
conclusion. No special circumstance is pointed out for this
Court to invoke Section 438 Cr.P.C. The incident occurred as
early as on 10.10.2008 and petitioners have not co-operated
with the investigation.
6. Petitioners are directed to surrender before the
investigating officer or before the Magistrate Court concerned
without any delay and co-operate with the investigation.
Whether they surrender or not, police is at liberty to arrest
them and proceed in accordance with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.
