IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 3115 of 2010() ----------------------------- (CRIME NO 590/2010 OF ADOOR POLICE STATION, PATHANAMTHITTA) PETITIONER/ACCUSED-A1 ----------------------------------------- MUHAMMED ANZAR, AGED 22 YEARS, S/O.AKBAR, ANZAR MANZIL, PARAKKODU, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3115 OF 2010 -------------------------------- Dated this the 6th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 324, 326, 427 and 307 r/w 34 of IPC. According to prosecution, petitioner (A1), along with second accused, intercepted the motorcycle in which de facto complainant and his brother were travelling on 14/05/2010 at about 10:30 p.m, and using stones assaulted de facto complainant and inflicted injuries. He sustained a fracture on the facial bone. 3. Learned counsel for petitioner submitted that petitioner completed his engineering course and is waiting job. Petitioner's father was attacked by de facto complainant and others and he intervened and that is all what had happened. Some quarrel arose, but, petitioner did not commit any offence. If petitioner is arrested and detain, his future will be in dark, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made against petitioner are serious in nature. A fracture was caused to de facto complainant who was attacked after intercepting the motorcycle which he was riding. This is not a fit case to grant anticipatory bail. B.A No.3115 OF 2010 2 5. On hearing both sides, I find that petitioner has not made out any ground to get anticipatory bail. The fact that petitioner has completed engineering course and that his future will be in dark alone may not be a ground for getting anticipatory bail. Though counter allegations are made, there is nothing to substantiate those allegations. Considering the serious nature of the allegations made and the nature of injury sustained etc., I am not inclined to grant anticipatory bail to petitioner. This is not a fit case to grant anticipatory bail. Petitioner is at liberty to surrender before the Investigating Officer or the Magistrate Court. Petition is dismissed. K.HEMA JUDGE vdv