IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2118 of 2009 CRIME NO.97 OF 2009 OF ERUMELI POLICE STATION PETITIONER/ACCUSED -------------------------------------- SAM JOSEPH PETER @ MANICHEN, AMBADIPARABIL,KARIKKATTOOR, MANIMALA. BY ADV. SRI.V.K.SUNIL RESPONDENT: COUNTER PETITIONER --------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE S.I.OF POLICE,ERUMELI POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2118 OF 2009 B ------------------------------------------------------ Dated this the 21st May, 2009 O R D E R The petitioner is the accused in Crime No.97 of 2009 of Erumeli Police Station. It is alleged that on 22.3.2009, he committed offence under Section 308 of the Indian Penal Code. This Application is filed under Section 438 of the Code of Criminal Procedure. 2. The prosecution case is that the defecto complainant was attacked by the petitioner when the former demanded Rs.4,000/- due to him from the petitioner as the balance amount in connection with construction of a building. The petitioner refused to pay the amount. It is alleged that he took out a knife and attempted to stab on the chest of the defacto complainant. The knife hit on the shoulder of the defacto complainant and he suffered severe injury. He was referred to the Medical College Hospital and thereafter, he was treated at the Taluk Head Quarters Hospital, Kanjirappally. In the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted in favour of the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/