IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 Bail Appl..No. 7594 of 2008() ----------------------------- CMP.7866/2008 of J.M.F.C.-I, CHENGANNUR CRIME NO.406/08 OF MANNAR POLICE STATION PETITIONER: ACCUSED: ---------------------------- VINOD VARGHESE, S/O.VARGHESE, PARAYATTUVADAKKETHI VEED, ERAMATHUR MURI, THRIPPERUNTHURA VILLAGE. BY ADV. SRI.NIDHI BALACHANDRAN RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANNAR. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7594 of 2008 ----------------------------------------- Dated this the 16th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 452, 294(b), 323 and 326 of the Indian Penal Code. According to prosecution, petitioner went to have his food in a hotel and after having food, he left without paying the money. The cashier questioned him, while he abused her and assaulted her. Thereafter, when the proprietor came, he was also assaulted, by using a chair. A fracture was caused to the leg. 3. learned counsel for petitioner submitted that petitioner is innocent of the allegations made. The injury sustained is minor. Petitioner was working abroad and he had come back, since his mentally retarded brother and ailing mother will have to be looked after by him. Hence, bail may be granted, it is submitted. Learned counsel for petitioner also explained that petitioner was working abroad and he was not intentionally absconding. It is also pointed out that petitioner is the second accused in the crime. But, the co-accused were BA.7594/08 2 already acquitted and case against him is included in the register of long pending cases. 4. Learned Public Prosecutor submitted that charge sheet has already been laid and hence, petitioner may be directed to approach the trial court for bail. 5. On hearing both sides, I find that there are two cases against petitioner and the present stage of the case is not known. Hence, petitioner may move the concerned court for bail, if there is any delay in disposal of the case. In such event, court below itself shall consider the application on merit and dispose of the same in accordance with law. Petition is dismissed. K.HEMA, JUDGE vgs.