IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3943 of 2008() ----------------------------- CRIME NO.274/2008 OF NEYYATTINKARA POLICE STATION .................... PETITIONER : ACCUSED ------------------------ MANU, S/O.LATE VISWANATHAN NAIR, VIJAYA BHAVAN, PATHAMKALLU, ATHIYANOOR, NEYYATTINKARA BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3943 of 2008 ------------------------------------------- Dated this the 20th day of June, 2008 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 294(b) and 324 of IPC. 3. Learned counsel for the petitioner submitted that the petitioner is a boy aged 20 years. His father is no more and the defacto complainant used to make advances to the petitioner's mother and the petitioner had warned him against such activities. Therefore, the defacto complainant is infuriated by it and falsely made a complaint against the petitioner. He produced a medical certificate to show that the petitioner was hospitalised consequent to a motor accident and as per the document, Annexure B, he was on “toe touch gait using crutches” and he was directed to be review on 7.6.2007. Learned counsel for the petitioner stated that it was not possible for the petitioner to kick open the door as alleged because of his physical state. 4. Hence, the following order is passed: BA 3943/08 2 (i) Petitioner shall surrender before the Investigating officer within seven days from today and make himself available for interrogation and co-operate with the investigation. (ii) The petitioner shall be released on bail, in the event of his arrest, on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that the petitioner will co-operate with the investigation and appear before him as and when directed. The petition is allowed. K.HEMA, JUDGE csl