IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3746 of 2010() -------------------------------------- CMP.1388/2010 of J.M.F.C.,ADIMALI . CRIME NO.198/2010 OF RAJAKKA POLICE STATION, IDUKKI DISTRICT .................... PETITIONER/IST ACCUSED ------------------------------------------ MAJU MATHEW, S/O.MATHAI, KUCHIKUDIYIL VEEDU, RAJAKUMARY, RAJAKUMARY VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE ----------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, RAJAKKAD POLICE STATION, IDUKKI DISTRICT. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 3746 of 2010 ------------------------------------ Dated this the 22nd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 394 and 398 of the Indian Penal Code. According to prosecution, petitioner (A2) along with first accused entered into the house of the de facto complainant on 24.05.2010 at about 12.30 A.M. and attempted to commit robbery of gold chain from the neck of the wife of the de facto complainant and she was stabbed. 3. Learned counsel for petitioner submitted that it is improbable that an incident of the nature as stated in the F.I. Statement would occur. According to de facto complainant, first accused, who is his neighbour came to the house in the midnight and called out his name. The lights were switch on and the door was opened, when the first accused allegedly tried to snatch away from the de facto complainant's wife's neck. The first accused is seriously injured and he is still in the hospital, it is submitted. Petitioner(A2) is in custody for the past 29 days. He is aged only 23 years and he has no criminal antecedents. He was B.A. No. 3808 of 2010 2 arrested within a few hours of the incident from his house, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner who is de facto complainant's neighbour had come to the house wearing mask and de facto complainant tried to remove the mask fearing that he will be identified, while a knife was taken out and he was stabbed twice. He sustained serious injuries. The investigation is not over and it is not fit to grant bail to petitioner at this stage, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor, I do not find it fit to grant bail to petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE ln