IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 6162 of 2008(E) ------------------------------------- CRIME NO.353/08 OF VIZHINJAM POLICE STATION PETITONER/IST ACCUSED : --------------------------------- JOSEPH, S/O.BENCHASLAS, JOSITTA HOUSE ADIMALATHURA PURAMBOKE PURAYIDOM,KOTTUKAL VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT : ----------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6162 OF 2008 ------------------------------ Dated this the 17th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 308 and 34 of I.P.C. According to prosecution, the defacto complainant owed an amount of Rs.18,000/- to the second accused. While the defacto complainant was going along the road in front of the shop of second accused, he went to the defacto complainant demanded the money back and assaulted him. On seeing this, the first accused came to the scene and took a soda bottle and assaulted the defacto complainant. Thereby he sustained injuries and a crime was registered on the basis of a complaint given by the defacto complainant. 3. Learned counsel for the petitioner submitted that the allegations are absolutely false. On 15.08.2008 in the night, the defacto complainant along with 4 others trespassed into the pan shop of the second accused while he was sleeping with his wife in the shop after closing the shop and assaulted the second accused B.A.6162 of 2008 2 and his wife. On hearing sound, people of the locality gathered and the petitioner who is the first accused also went to the shop to pacify. The second accused sustained serious injuries in the assault and he was hospitalised and a statement was given and crime was registered as crime No.405 of 2008. Thereafter, the present crime is registered as a counter blast. The defacto complainant has not sustained any injury at all and he had not gone to the hospital also. 4. This petition is opposed. Learned Public Prosecutor submitted that there are clear allegations that the defacto complainant was assaulted by the first accused, without any provocation, by hitting with a soda bottle, on seeing that the assault being made by the second accused on the defacto complainant. The first accused is only the friend of the second accused. It is not correct to say that the defacto complainant did not sustain any injury. A wound certificate is available in the case diary. Learned counsel for the petitioner submitted that the wound certificate is fabricated subsequently, since it is mentioned in the bail application that the defacto complainant had not gone B.A.6162 of 2008 3 to any doctor. On hearing both sides and on going through the case diary,I find that there is a wound certificate dated 25.08.2008 which is seen issued from the Mariya Nilayam Health Centre. This is issued to the defacto complainant and a lacerated wound on the back of scalp and also on the right occipital temporal region left are noted. But the allegation is history of fall. Smell of alcohol was also present. The certificate is issued on 25.08.2008, whereas the incident is earlier. In the above circumstances, I find that it is only fit and proper and that anticipatory bail can be granted to the petitioner. Hence, the following order is passed : Petitioner shall surrender before the Investigating Officer within ten days from today and in the event of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions : B.A.6162 of 2008 4 i. The petitioner shall co-operate with the investigation and make himself available for interrogation. ii. The petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac