IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 1926 of 2010() ------------------------------------- (CRIME NO.111 OF 2010 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM) PETITIONER/ACCUSED: --------------------------------------- VIJAYAN, AGED 42 YEARS, S/O.BHASKARAN, THODIYIL VEEDU, VAZHIMUKKU, MOSQUE LINE, KESAVADASAPURAM, ULOOR, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE: ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR M,S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.1926 OF 2010 ----------------------------------- Dated this the 1st day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 341, 324 and 308 IPC. According to prosecution, on 5.2.2010 at about 3.30 pm petitioner wrongfully restrained and assaulted defacto complainant's son with a knife and inflicted injuries and thereby committed the above offence. 3. According to petitioner, the allegations made are absolutely false. The story put forward by defacto complainant is prima facie untrue. In case petitioner is arrested, it is likely to affect his reputation adversely. Petitioner is prepared to abide by any condition. 4. This petition is opposed. Learned public prosecutor submitted that the allegations made in the first information statement are corroborated by medical evidence. Defacto complainant's son sustained penetrating wound on the abdomen which could be caused by stabbing with a knife. He was B.A. No.1926/10 2 hospitalised in ICU. He had undergone a surgery. He sustained other injuries also. The knife used by the accused is not yet recovered. He is required for interrogation and recovery. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, and going through the case diary, particularly medical records, I am satisfied that this is not a fit case to grant anticipatory bail. Considering the need for interrogation of petitioner and for effective recovery also, I find that anticipatory bail cannot be granted. Petitioner is bound to surrender before the investigating officer without any delay and co-operate with investigation. This petition is dismissed. K. HEMA, JUDGE. Sou.