IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2940 of 2010() --------------------------------- CRIME NO. 408/2010 0F PARASSALE POLICE STATION .................. PETITIONER/ACCUSED : ---------------------------- BIJIN, AGED 25 YEARS, S/O.VELAPPAN, GEETHA BHAVAN, PUTHUPURAKKAL, KARODE VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------- B.A. No.2940 of 2010 ------------------------------------ Dated this the 18th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 294(b), 323 and 324 of the Indian Penal Code. According to prosecution, on 20.04.2010 at about 9 P.M., the de facto complainant went to give food to his pigs in his pig farm while a rehearsal of magic show was going on in the nearby property. Petitioner came there, while the de facto complainant asked him where he was going. Petitioner suddenly shouted at him and hit him with a broken soda bottle on his head and when he evaded the same it fell on his left hand muscle and he was injured. He was again hit with the same bottle. This incident happened when he was standing in the sit out, in front of the room. 3. The learned counsel for the petitioner submitted that no such incident as alleged by the prosecution had taken place. Petitioner and de facto complainant are D.Y.F.I. workers. There was some dispute with respect to the names of the persons, which are shown in a notice to be published by the D.Y.F.I in B.A. No.2940 of 2010 2 connection with a meeting. The area president attacked the petitioner with the broken soda bottle and the same hit on de facto complainant. It is submitted that the president also sufferred injury on his own hands by the broken soda bottle and de facto complainant and the president took treatment from the same hospital. 4. This complaint given is only on 22.04.2010 though an incident as narrated above occurred on 20.04.2010, it is submitted. The allegations in the complaint are false. It is also submitted that an interpolation is effected in F.I. Statement to make it appear that the incident happened inside the sit out, but a reading of F.I. Statement whole would show that the incident happened outside the sit out. The only non bailable offence is under Section 452 of the Indian Penal Code and in such circumstances anticipatory bail can be granted, it is submitted. 5. This petition is strongly opposed by learned Public Prosecutor and he submitted that offence under Section 326 of the Indian Penal Code is also included and de facto complainant sufferred as many as seven injuries on his body. The wound B.A. No.2940 of 2010 3 certificate reveals lacerated injury of considerable measurement on the check, forearm and he had also an bronchial artery injury. It is also submitted that the police had gone to the injured on getting intimation from the hospital and recorded the F.I. Statement and this is not a fit case to grant anticipatory bail. 6. On hearing both sides and going the case diary particularly the wound certificate and on consideration of various other facts and circumstances, I find that no ground is made out by petitioner to grant anticipatory bail. The incident happened as early as on 20.04.2010 and the petitioner is bound to appear before the investigating officer and co-operate with investigation. 7. Hence the following order is passed. Petitioner shall appear before the investigating officer within one week from today and co-operate with the investigation. This petition is dismissed. K. HEMA, JUDGE ln