IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6421 of 2008(A) ------------------------------------- CRMP.2055/2008 of SESSIONS COURT, KASARAGOD CRIME NO.265/2008 OF MANJESWAR POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- NAZIR, AGED 20 YEARS, S/O. NABEESA, RESIDING AT HIDAYATH BAZAR, UPPALA VILLAGE, UPPALA POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE : --------------------------- THE STATION HOUSE OFFICER, MANJESWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6421 of 2008 ------------------------------------------------- Dated this the 23rd day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 324 and 326 read with Section 34 IPC. According to prosecution, on 17.9.2008, at about 6.30 p.m., petitioner along with three others in furtherance of common intention, wrongfully restrained the de facto complainant and assaulted him and he lost three teeth. A stick was used for assault. 3. Learned public prosecutor submitted that accused nos.2 to 4 were granted anticipatory bail by learned Sessions Judge. They are petitioner's mother, uncle and his wife. Petitioner is aged 20 years and he is a student. The incident did not occur as alleged. According to learned counsel for the petitioner, there was a dispute in erecting a pillar by the de facto complainant in petitioner's property. The de facto complainant came to the property of the petitioner and attempted to erect pillar, which was obstructed. When BA No.6421/08 2 petitioner's mother raised objections, she was assaulted by the de facto complainant. While petitioner also intervened, he was also assaulted by the de facto complainant. In the course of the same, de facto complainant also sustained injuries. Wound certificates Annexures 2 and 3 are produced, which show that the petitioner had sustained irregular, linear contusion over left side of neck and left side of chest on the allegation that he was beaten with a wooden stick by the de facto complainant. 4. Petitioner's mother also sustained redness over the forehead and also tenderness on face, on the allegation that she was beaten up with hands by the de facto complainant. It is also submitted that though a statement was given by the petitioner, no crime was registered. But, the police is attempting to arrest petitioner and in case he is arrested, he is likely to be detained in custody and he will suffer irreparable loss and injury. According to de facto complainant, the incident happened in front of the house of the petitioner. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner and hence, the following order is passed: BA No.6421/08 3 (1) Petitioner shall surrender before the Investigating Officer within seven days from today and he shall make himself available for interrogation and co-operate with investigation. (2) Thereafter, he shall be produced before the Magistrate Court concerned and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl