IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Bail Appl..No. 3663 of 2008() ----------------------------- CRIME NO.121/08 OF POTHANICAD POLICE STATION PETITIONER-ACCUSED IN CR.121/08 OF POTHANICAD P.S. ------------------------------------------------------------------- MEERANKUNJU, AGED 55 YEARS, S/O. MUHAMMED, KODATHAPILLY HOUSE, ADIVAD, PALLARIMANGALAM P.O. BY ADV. SRI.K.A.JALEEL SRI.C.ANILKUMAR (KALLESSERIL) RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA (REP. BY THE SUB INSPECTOR OF POLICE, POTHANICAD POLICE STATION CR.NO.121/2008 OF POTHANICAD POLICE STATION), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3663 of 2008 ----------------------------------------- Dated this the 3rd day of June, 2008 O R D E R This petition is for bail. 2. A crime is registered against the petitioner for offence under Section 324 of Indian Penal Code. Sections 308 and 326 were included subsequently. 3. According to learned counsel for petitioner, the incident happened when there was a road widening process involving the Panchayat President and other persons of the locality. Petitioner also was engaged in road widening. But the defacto complainant, who belonged to the rival group, came to the spot and he kicked the petitioner. There was a scuffle and an injury was sustained by the defacto complainant in the course of the incident. Both petitioner and defacto complainant were hospitalised. No crime was registered on the basis of a statement given by the petitioner, but the present crime is registered against the petitioner on a complaint filed by the defacto complainant. 4. It is also pointed out that there was only an offence under Section 324 IPC originally, but when an anticipatory application was moved by the petitioner, offence under Section 308 IPC was BA.3663/08 2 also included. By order dated 21.5.2008 in B.A.No.3208 of 2008, this Court directed the petitioner to surrender before the Investigating Officer for interrogation and recovery of the incriminating material. Petitioner accordingly surrendered and the article was also recovered. Petitioner was thereafter directed to be produced on the same day before the Magistrate Court and the court was directed to dispose of the application for bail preferably on the same day on which it is filed. Petitioner was produced before the Court and he filed an application and it was dismissed. 4. Learned Public Prosecutor submitted that charge sheet already laid and petitioner's presence is not required for investigation. Hence petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) If the petitioner gets involved in any crime in connection with road widening, the bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE vgs.