IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2733 of 2010() ----------------------------- (In crime No.207/2010 of Sasthamcotta Police Station) AGAINST THE JUDGEMENT/ORDER IN BA.1495/2010 Dated 31/03/2010 .................... PETITIONER ----------------------- CINU VIKRAMAN, S/O.VIKRAMAN PILLAI R.V.COTTAGE, PUTHANAMBALAM PO, IVERKALA WEST NORTH MURI, KUNNATHOOR VILLAGE, KOLLAM DISTRICT BY ADV. SRI. K.SIJU RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ` PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 2733 OF 2010 ------------------------------------------------- Dated this the 25th day of May, 2010. ORDER This petition is for anticipatory bail. 2. The alleged offence is under Sections 341, 323, 326, 294 (b) and read with Section 34 of Indian Penal Code. According to the prosecution a mini lorry in which the defacto complainant was traveling hit against a motor cycle and infuriated by the incident, the first accused hit the defacto complainant with a stone, he sustained fracture of nasal bone and other fractures. Accused No.2 and 3 had also beaten the defacto complainant with hands. 3. Learned counsel for the petitioner submitted that petitioner was not responsible for causing the fracture. The defacto complainant had fallen in the vehicle in which he was traveling while the lorry driver was applied sudden break. It is also submitted that the first accused was directed appear before the Magistrate Court as per the order in an application filed by him for anticipatory bail. Accordingly he surrendered and he was granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor B.A.NO. 2733 OF 2010 2 submitted that the defacto complainant sustained fracture of the nasal bone and the fracture of the bones below the eyes by hitting by the first and that second and third accused had also joined in attacking the defacto complainant. 5. On hearing both sides and on going through Annexure A1 order passed in an application for anticipatory bail by the first accused, I find that this court had observed that anticipatory bail cannot be granted in the case of this nature. On considering the allegation made in this case, I do not find any ground to come to a different view. However, I find that, the allegations made against petitioners are less serious in nature compared to the over tacts committed by the first accused. As per Annexure A1 the first accused was directed to appear before the Investigating Officer concerned and hence, I am satisfied that petitioner can be granted the same relief. 5. Hence, the following order is passed: 1. Petitioner shall surrender before the Investigating Officer within 7 days from today and co-operate with the investigation. 2. If the petitioner is produced before the Magistrate B.A.NO. 2733 OF 2010 3 Court concerned and if bail application is filed it shall be disposed by the learned Magistrate without any delay. This petition is dismissed. K.HEMA,JUDGE. pm