IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3736 of 2010() ---------------------------------------- CRIME NO.218/2010 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- VISAK, AGED 27, S/O.VIJAYAN NAIR, VEADANVILAKATH VEEDU, SASTHAMANGALAM, SREEKARIYAM, THIRUVANANTHAPURAM. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENT(S): COMPLAINANTS --------------------------- 1. THE SUB INSPECTOR OF POLICE, SREEKARIYAM POLICE STATION, SREEKARIYAM, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 3736 of 2010 ----------------------------- Dated this the 23rd day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 342, 324, 308 and 427 read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant was proceeding on a motor bike and on reaching the place of occurrence, first accused along with two identifiable persons intercepted motor cycle. The second and third accused came there in another motor cycle and the de facto complainant was forcibly administered liquor. Thereafter, accused nos. 1 to 3 assaulted de facto complainant using wooden log and also granite stone and inflicted injuries. 3. Learned counsel for petitioner submitted that the allegations made against petitioner is false. De facto complainant, petitioner and four others were drunk on a festival day, and there was some quarrel near the temple but a false case is foisted against petitioner. There was only a scuffle and the de facto B.A. No. 3736 of 2010 2 complainant fell down and sustained injuries. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations made in the F.I. Statement, it was a deliberate attack by the accused on the de facto complainant, while he was riding a motor cycle. De facto complainant sustained injuries on different parts of the body of considerable nature, as revealed from the wound certificate issued. 5. On hearing both sides and on going through the case diary, I find that de facto complainant was admitted in the hospital on the same day, and he had two lacerated wounds abrasion, contusion on the scalp and other parts of the body. Considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. Though counter allegations made, there are no materials or circumstances to establish or probabilise the asserted innocence or the manner in which de facto complainant sustained injuries. Petition is dismissed. K. HEMA, JUDGE ln