IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 331 of 2008() ---------------------------- CRIME 384/07 OF TOWN SOUTH POLICE STATION, PALAKKAD PETITIONER/ APPLICANT/ACCUSED: ----------------------------------- SREENIVASAN, S/O. MADHAVAN, PANDARAKKAVU, MANAPPULIKKAVU, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 331 OF 2008 D ```````````````````````````````````````````````````` Dated this the 25th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered for offences punishable under Section 326 IPC. He is the sole accused. The crux of the allegations is that the petitioner had attacked the de facto complainant who was proceeding along the road/way in front of his house. He was allegedly attacked with a dangerous weapon - sword. Injuries including multiple fracture have been suffered by the de facto complainant. The alleged incident took place on 11.12.07. Crime was registered on 13.12.07, after recording the F.I.Statement of the victim, who was in the hospital. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The real incident did not BA.331/08 : 2 : take place in the manner alleged in this case. A counter case has been registered. In that, it is specifically alleged that the offences under Sections 448 and 324 IPC have been committed by the de facto complainant in this case, who had allegedly gone to the house of the de facto complainant in an attempt to unleash an attack on him. The petitioner had also suffered injuries. He was admitted in the hospital and a counter case was registered. That counter case was registered before the crime in this case was registered i.e., on 12.12.07, points out the learned counsel for the petitioner. 3. The learned Public Prosecutor submits that investigation is conducted in the counter case also. The facts revealed in the investigation suggest that no incident has taken place inside the house of the de facto complainant but it took place outside the house ie., on the road as alleged by the de facto complainant in this case. Learned Public Prosecutor submits that the nature of injuries suffered by the victim may be taken into consideration. In any view of the BA.331/08 : 3 : matter, the petitioner does not deserve anticipatory bail, it is submitted. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. The learned Public Prosecutor has drawn my attention to the nature of the injuries suffered by the petitioner and the nature of allegations traded by the rival contestants. Having considered all the relevant inputs, I am persuaded to agree that there is merit in the opposition by the learned Public Prosecutor. I agree that this is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. At this stage, I shall carefully avoid any detailed discussions on merits about the acceptability of the allegations raised in the case and the counter case or express any opinion regarding the acceptability of those allegations. 5. In the result, this petition is dismissed. Needless to BA.331/08 : 4 : say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks