IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4183 of 2008() ----------------------------- CRIME NO.361/08 OF HOSDURG POLICE STATION PETITIONER/ACCUSED ----------------------------------- RATHEEK.T., S/O.MOHAMMED KUNHI, THAZHE THOTTY HOUSE, PALLIKERE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O. HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4183 of 2008 ----------------------------------------- Dated this the 2nd July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 324 and 308 of Indian Penal Code. According to prosecution, the petitioner is an accused in Crime No.344 of 2008 involving offence under the NDPS Act. The said case was registered since de facto complainant allegedly gave information to the police regarding the offence. This motivated the petitioner to attack the de facto complainant and on 17.6.2008 he stabbed the de facto complainant with a pen knife and caused serious injuries to him. A crime was registered as Crime No.361/08on the basis of the statement given by the de facto complainant under Sections 324 and 308 IPC. 3. This petition is opposed. Learned counsel for petitioner submitted that the petitioner was arrested on 19.6.2008 and he is in custody for the past about 15 days. It is also submitted that the de facto complainant himself has sworn to an affidavit stating that the petitioner is not the person involved in the group who attacked the de facto complainant. Since an affidavit was filed, learned Public BA.4183/08 2 Prosecutor was directed to get further instruction in the matter. It is submitted by him that as per his instructions, the de facto complainant has not given any statement that the petitioner is not the accused involved in this case. 4. On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.