IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6160 of 2008() ----------------------------- CRIME NO. 161/2008 OF EDATHUA POLICE STATION PETITIONER/ACCUSED:- -------------------- ALOSHIAS C.ANTONY S/O.K.K.ANTONY, PANAPARAMBIL, EDATHUA PANCHAYATH, EDATHUA VILLAGE BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, EDATHUA POLICE STATION 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6160 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324, 326 and 34 IPC. Petitioner is the 1st accused. He along with others allegedly assaulted defacto-complainant on the road on 17-9- 2008 at 4.30 p.m. The 1st accused used iron rod and inflicted a fracture on the hand of defacto-complainant. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged. The de facto complainant trespassed into the petitioner's property and he assaulted petitioner and petitioner was hospitalized and he gave a statement, based on which a crime was registered as 163/2008 under sections 447, 294B and 324 IPC. Hence, he may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that incident in this case occurred on the road and not in the property of the petitioner. De facto-complainant sustained fracture at the hands of the petitioner who had used iron rod which is to be recovered. Petitioner's presence and interrogation are essential for investigation and hence anticipatory bail may not be granted, it is submitted. BA 6160/08 -2- 5. On hearing both sides, on considering the nature of allegations made and the nature of investigation required, I do not think it fit to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.