IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 Bail Appl..No. 7535 of 2008() ----------------------------- CRIME NO.2786/08 OF ALUVA POLICE STATION PETITIONER -------------------- FAISAL, AGED 31 YEARS, S/O.PAREED, KARAYIKODATHU HOUSE, EAST VELIYATHUNADUKARA, KARUMALLOOR VILLAGE, PARAVUR TALUK. BY ADV. SRI.C.D.JOHNY SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ALUVA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7535 of 2008 ----------------------------------------- Dated this the 15th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 308 of the Indian Penal Code. According to prosecution, petitioner and de facto complainant's son had some altercation with each other and petitioner went inside his house, came back with a knife and he subjected injuries on the shoulder of the injured. 3. Learned counsel for petitioner submitted that First Information Statement was not given by the injured, but it was given by his father, who has no idea about the incident. It is clear from the First Information Statement itself that there was only an altercation and hence, he may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor opposed this application for anticipatory bail and submitted that the knife is to be recovered and petitioner is required for investigation. It is also submitted that there are several witnesses to the occurrence and the case diary contains sufficient materials to implicate BA.7535/08 2 petitioner with the offence. It has occurred in the manner alleged in the First Information Statement, as revealed from the statements of witnesses. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I do not find it fit to grant anticipatory bail to petitioner. Petition is dismissed. K.HEMA, JUDGE vgs.