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M.S.Ajithkumar vs State Of Kerala on 27 January, 2009

Kerala High Court
M.S.Ajithkumar vs State Of Kerala on 27 January, 2009
       

  

  

 
 
  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.

               -----------------------------------------
                       B.A.No. 6626 of 2008
               -----------------------------------------

             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.

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