High Court Kerala High Court

Prakash.K.A vs The Circle Inspector Of Police on 6 February, 2009

Kerala High Court
Prakash.K.A vs The Circle Inspector Of Police on 6 February, 2009
       

  

  

 
 
  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.