IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6002 of 2008() ------------------------------------ CRIME NO.330/2008 OF KODUVALLY POLICE STATION PETITIONER/SECOND ACCUSED : ---------------------------------------- BALAN,AGED 61 YEARS,S/O.OF VELUMBIRA, THECHYOTTUPURAYIL HOUSE, NARIKUNI AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT/COMPLAINANT : ------------------------------------ SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6002 OF 2008 ------------------------------ Dated this the 7th day of October, 2008 O R D E R This is the second application for anticipatory bail. 2. The alleged offences are under Sections 324, 326 read with Section 34 of I.P.C. According to the prosecution, the petitioner along with his son (A1) assaulted the petitioner's brother and inflicted injuries including grievous hurt. A chopper was used in the offence. The incident occurred on 14.06.2008 at about 2.30 p.m. 3. Learned counsel for the petitioner submitted that the 1st accused was granted regular bail. The recovery of weapon was also effected, though it was submitted at the time of hearing of the earlier anticipatory bail application that the recovery is not effected. That submission was taken into consideration as a circumstance to refuse anticipatory bail and therefore this fact is now brought to the notice of this Court, it is submitted. 4. It is also submitted that the petitioner is an old man. He is having several physical ailments. He is aged 61 years. The defacto complainant is a quarrelsome person. He is engaged in B.A.6002 of 2008 2 several assaults. He had assaulted petitioner's wife on a day when he was not present in the house. She was hospitalised. Tympanic membrane of her ear drum was perforated, as revealed from the medical certificate produced. But, thinking about the reputation of the family, no criminal complaint was filed, it is submitted. The defacto complainant is in the habit of drinking liquor and he is a drunkard. 5. This petition is opposed. Learned Public Prosecutor submitted that the allegations made in this case are serious in nature. It is true that by mistake, last time it was mentioned that weapon was not recovered. It is recovered after arrest of the 1st accused. The wound certificate is obtained and it shows that serious injuries were sustained by the defacto complainant at the hands of the accused. It is also submitted that a fracture was caused to the defacto complainant. It is also pointed out that the facts stated by the petitioner regarding the alleged assault on the petitioner's wife etc., were considered at the time of disposal of the earlier anticipatory bail application and those do not deserve consideration again. On hearing both sides, I am satisfied that the facts of this B.A.6002 of 2008 3 case are not at all persuasive to invoke the discretionary jurisdiction under Section 438 of Cr.P.C. to grant anticipatory bail. In an offence of this nature, especially after having inflicted grievous injury and various other injuries on the head etc., using weapon like chopper, in furtherance of common intention, it is not proper to grant anticipatory bail. On considering all these facts and circumstances, I do not think it fit to grant anticipatory bail in this case. The incident occurred as early as on 14.06.2008 and the petitioner has not so far made himself available for interrogation. Hence a direction is issued to the petitioner to surrender before the Magistrate court concerned or before the Investigating Officer within 15 days from today and co-operate with the investigation and make himself available for interrogation. With this direction, the petition is dismissed. K.HEMA, JUDGE pac