IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Bail Appl..No. 5070 of 2008() ----------------------------- (CRIME NO.330/2008 OF KODUVALLY POLICE STATION) PETITIONER --------------------------- BALAN, AGED 61 YEARS,S/O.VELUMBIRA THECHYOTTUPURAYIL HOUSE, NARIKUNI AMSOM AND DESOM OF KOZHIKODE TALUK BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: ------------- SUB INSPECTOR OF POLICE KODUVALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 5070 of 2008 ----------------------------------------------- Dated this the 13th day of August, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 324, 326 read with Section 34 of IPC. According to prosecution, the petitioner along with his son assaulted the petitioner's brother and inflicted injuries. On a complaint filed by him, a crime was registered. 3. Learned counsel for the petitioner submitted that petitioner's son was granted regular bail. Petitioner is an old person. He is having several physical ailments. He is aged 61 years. The de facto complainant is a quarrelsome person. He is engaged in several assaults. He had assaulted petitioner's wife on a day when he was not present in the house. She was hospitalised. Tympanic membrane of her ear drum was perforated, as revealed from the medical certificate produced. But, thinking about the reputation of the family, no criminal compliant was filed, it is submitted. The de facto complainant is in the habit of drinking liquor and he is a drunkard. 4. This petition is opposed. Learned Public Prosecutor submitted that in this incident, the first accused used a chopper and the 2nd [B.A.5070/08] 2 accused used a stick. As a result of the assault made by them, petitioner sustained injury, including fracture. On the facts of this case, it is not a fit case to grant anticipatory bail, it is submitted. It is also submitted that the stick used by the petitioner for offence is not recovered and the petitioner is required for custodial interrogation. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. On facts also, I find it not proper to grant anticipatory bail. The weapon of offence is also to be recovered, for which the petitioner's interrogation is required. Petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.