IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3761 of 2010() ----------------------------- CRIME NO.24/2010 OF KASABA POLICE STATION, KOZHIKODE. (S): PETITIONER/ACCUSED -------------------------------------- ANOOP C.T. @ GOPI, S/O.LATE DAMODARAN NAIR, CHAMUNDI PARAMBA, ERANHIPALAM, CALICUT - 6. BY ADV. SRI.V.V.SURENDRAN SMT.SANIKA.V.S. SMT.RESMI NANDANAN RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ 1. STATION HOUSE OFFICER, KASABA POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3761 of 2010 ---------------------------------------------- Dated 1st July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 324, 506(2) and 308 of the Indian Penal Code. According to prosecution, on 13.1.2010 at about 9.30 p.m., petitioner wrongfully restrained defacto complainant in the parking area of a bar hotel, due to previous enmity and stabbed him with a knife and committed various offences. 3. Learned counsel for petitioner submitted that on the date of occurrence, in the morning, petitioner saw defacto complainant committing pick-pocket. When this was revealed by him, the people of the locality gathered and defacto complainant was caught. Because of this enmity, defacto complainant along with another person came to petitioner and started quarreling. There was a scuffle and defacto complainant sustained some injuries, but a false case was foisted against petitioner, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that defacto complainant sustained a serious injury on the abdomen, which is alleged to be inflicted by petitioner by BA NO.3761/10 2 stabbing with a knife. The knife is not recovered. The defacto complainant underwent an operation for repairing the injury and he was in the hospital for a considerable period of time. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going through the case diary and wound certificate, I am satisfied that the allegations made against petitioner are serious in nature. Though the petitioner would assert his innocence, there are only bare averments from his part. There are no materials or circumstances to probabilise the innocence and the non-involvement of petitioner in the crime, as against the serious allegations made against him in the case diary. Petitioner is required for custodial interrogation and recovery of the weapon used for the offence. 6. In such circumstances, I do not find it fit to grant anticipatory bail to petitioner. The incident happened about six months back. The investigation is in a standstill. Petitioner is bound to surrender before the Investigating Officer without any delay and co-operate with the investigation. Petition is dismissed. K.HEMA, JUDGE. tgs