IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 4521 of 2010() ----------------------------- CRIME NO.168/2010 OF PERUVANTHANAM POLICE STATION, IDUKKI. .................... (S): PETITIONER/ACCUSED: --------------------------------------- LINTO JOSEPH, S/O.JOSEPH, CHEMPAKASERIL HOUSE, NEDIYORAM BHAGAM, PERUVANTHANAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PERUVANTHANAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4521 of 2010 ---------------------------------------------- Dated 27th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 294(b), 323 and 308 of the Indian Penal Code. According to prosecution, petitioner assaulted defacto complainant by pushing him down and thereafter, putting a stone on his head and thereby committed various offences. He also uttered obscene words against defacto complainant in public. The incident happened on 29.6.2010 at about 9 a.m. on the public road. 3. Learned counsel for petitioner submitted that defacto complainant happened to kick off a bottle and it fell on the head of accused, and he turned back and there was a quarrel between the two. The allegation is that stones were pelted at defacto complainant. Petitioner and defacto complainant are friends and defacto complainant has no grievance against petitioner now. Petitioner is aged only 20 years and defacto complainant is aged 19 years and an affidavit is filed by defacto complainant stating that he has no grievance against the BA NO. 4521/10 2 petitioner. 4. It is also pointed out by learned counsel for petitioner that as per the allegations in the first information statement itself, stone was pelted against defacto complainant and it was not a case where stone of considerable size was dropped or put on his head, as alleged. The stone is a small one which can be contained in a palm. It is only a case where stone was pelted and defacto complainant sustained injury when two boys had a quarrel with each other for a silly reason, even if the entire prosecution case is accepted. According to petitioner, defacto complainant fell down and sustained injuries. Petitioner is in custody for the past 27 days. 5. Learned Public Prosecutor submitted that defacto complainant has an injury measuring 8 x 2x 1 cm. on the scalp. It is conceded that defacto complainant and petitioner are aged 19 and 20 years respectively. 6. On hearing both sides and on going through the case diary, I find that prima facie, petitioner has a strong and arguable case in respect of involvement of Section 308 of the Indian Penal Code. It is revealed from the statement of some BA NO. 4521/10 3 other witnesses that stone was pelted and defacto complainant had bleeding injury. Considering the stage of investigation and the various other facts, I find that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Sunday between 10 a.m. and 1 p.m. until further orders. (ii) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs