IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4375 of 2010() ----------------------------- CRIME NO.107/2010 OF VALIYAMALA POLICE STATION, THIRUVANANTHAPURAM. .................... (S): APPLICANT/ACCUSED ------------------------------------- RAJAN, S/O.NARAYANAN ASARY, PREETHA BHAVAN, THANNIVELIKONAM, NETTARAKONAM, ANAD MURI, ANAD VILLAGE (FROM NEAR SREE BHADRAKALI TEMPLE, CHOVVALLOOR, VILAPPISALA, PUNNATHANA MURI, VILAPPIL VILLAGE, NEYYATTINKARA TALUK). BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4375 of 2010 ---------------------------------------------- Dated 22nd July, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 307 of the Indian Penal Code. According to prosecution, on 20.6.2010 at about 8 p.m., defacto complainant and his brother came in a motor cycle to the front side of the house of petitioner, when petitioner started abusing them, coming to the boundary. When this was questioned, petitioner cut defacto complainant and also his brother by using a chopper and defacto complainant sustained serious injuries. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 24 days. Petitioner's wife and her sister used to quarrel with each other and petitioner had told his co-brother (defacto complainant) not to come to the house. But, he trespassed into the house and tried to attack the children with a sword. The sword was forcibly taken away from the defacto complainant and injury was sustained in the scuffle. Petitioner has not committed anything deliberately. It is also submitted that the prosecution has deliberately given a wrong colour to the enmity alleged. The defacto complainant alleged BA NO.4375/10 2 that petitioner used to doubt his relationship with petitioner's wife etc., which is not correct. Petitioner is having two children in the wed-lock and they are living happily. The remand report will show that immediately on arrest, he wanted his wife to be informed. The allegation is insult to injury, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the offence committed is of very serious nature. The defacto complainant and his brother sustained very serious injuries, as evidenced by the wound certificate, Skull fracture was caused. The injuries sustained by both of them are serious in nature. The investigation is not yet over. It is not fit to grant bail to petitioner at this stage. 5. On hearing both sides and on considering the nature of the allegations made, the gravity of the offence, the seriousness of the injury caused and the fact that the investigation is still in progress, I am satisfied that it is not fit to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs