IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Bail Appl..No. 3016 of 2010() ----------------------------- CRIME NO.433/10 OF EZHUKONE POLICE STATION, KOLLAM. (S): PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. REJI, AGED 38, S/O. MATHEW, VILAYIL AZHIKATTU, THRIPPALAZIKAM.P.O. KARICKAL KOLLAM TALUK & DISTRICT. 2. SIJU, AGED 35 YEARS, S/O. KUNJKU KUNJU, PLACHIVILA PUTHEN VEEDU, MUKKOD.P.O., KUNDARA, MULAVANA VILLAGE, KOLLAM TALUK & DISTRICT. 3. SAJI @ JACOB JOHN, AGED 42 YEARS, S/O. JOHN, ANGISSERIL HOUSE, ELANTHOOR VILLAGE, ELANTHOOR EAST.P.O. PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE S.I. OF POLICE, EZHUKONE POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM Public Prosecutor SRI.C.M.KAMMAPPAU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3016 of 2010 ---------------------------------------------- Dated 15th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 447, 294(b), 323 and 326 read with Section 34 of the Indian Penal Code. According to prosecution, on 22.4.2010 at about 10.30 p.m., while defacto complainant was travelling in a car driven by his nephew, a car suddenly came and it was stopped. Accused nos.1 to 3 came out of the car and abused defacto complainant in obscene language and assaulted him, when defacto complainant got out of the car and was going to his family house. Accused followed him and further attacked him with wooden piece and fracture was caused to his finger. The defacto complainant's brother was also assaulted. 3. Learned counsel for petitioners submitted that no serious injury is caused to defacto complainant. There is only a minor fracture on the finger. The incident happened due to sudden provocation since dim light was not put. 4. Learned Public Prosecutor submitted that injury BA NO.3016/10 2 caused is a fracture to the little finger. 5. On hearing both sides and considering the serious nature of the allegations made, the nature of injury sustained, the weapon used for the offence etc., I am satisfied that this is not a fit case to grant anticipatory bail. No exceptional circumstances are made out for granting the relief under Section 438 of the Criminal Procedure Code. Petitioner shall surrender before the Investigating Officer and co-operate with the investigation, without delay. Petition is dismissed. K.HEMA, JUDGE. tgs