IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 Bail Appl..No. 2904 of 2010() ---------------------------------------- CRIME NO.480/2010 OF THE HOSDURG POLICE STATION, KASARAGOD DIST. .............. PETITIONER (S): ACCUSED --------------------------- K.K.SUMITH, AGED 28 YEARS, S/O.LATE SUKUMARAN, KAKKARAYIL HOUSE, CHEMMATTOM VAYAL, POST BEKAL, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): STATE ---------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2904 of 2010 ------------------------------------ Dated this the 28th day of June, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 452 and 326 of the Indian Penal Code. According to prosecution, petitioner committed house trespass into the lodge, where his father's uncle was residing and inflicted injury on him using an iron lock and caused grievous hurt. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. There is a civil dispute between the parties. As per the allegations in the F.I. Statement, the injury was caused on the right arm but as per the certificate issued from the district hospital, pain and swelling were seen on the left arm. It is also submitted that Annexure-R2(c) discharge card also, the injury was sustained on the left arm. 4. Learned counsel for de facto complainant was heard. Learned Public Prosecutor was also heard. It is submitted by learned Public Prosecutor that grievous hurt was caused to the de B.A. No. 2904 / 2010 2 facto complainant, who is aged 65 years. It was also pointed out that on the last posting, petitioner's counsel submitted that de facto complainant was admitted in a hospital at Thalassery, which is far away from the place of occurrence (Hosdurg), only for obtaining false medical record through his son-in-law, who is working in the Thalassery Hospital etc. But, it is seen from the medical records that the de facto complainant was admitted in the District Hospital, Kahangad, on the same day itself within one hour of the incident and the doctor had noted injuries in the said document. The de facto complainant sustained a fracture on the upper arm, as revealed from column no.14 of the wound certificate. It is also pointed out that Annexures R2(C), fracture was on the right side. 5. Learned counsel for de facto complainant submitted that petitioner's father's brother is assaulted and he may be directed to approach the trial court for bail. 6. On hearing both sides and on considering the serious nature of the allegations made and the various facts and circumstances discussed above, I am satisfied that this is not a fit B.A. No. 2904 / 2010 3 case to grant anticipatory bail. The submissions made by learned counsel for petitioner are not sufficient to extent the discretionary relief under Section 438 of the Code of Criminal Procedure. Petition is dismissed. K. HEMA, JUDGE ln