IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 3531 of 2010() ----------------------------- CRIME NO.191/2010 OF MANIMALA POLICE STATION .................... (S): PETITIONER/2ND ACCUSED ------------------------------------------ UNNI,S/O.RAJU,MALAMPARA HOUSE, KADAYANIKADU KARA, VELLAVOOR VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3531 of 2010 ---------------------------------------------- Dated 24th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 323 and 308 read with Section 34 of the Indian Penal Code. According to prosecution, on 12.4.2010 at about 9 p.m., petitioner (A2) along with first accused, in furtherance of common intention, assaulted defacto complainant and they also abused defacto complainant in obscene language and soda bottle was used for inflicting injuries and thereby they committed the above offences. 3. Learned counsel for petitioner submitted that petitioner called the defacto complainant's autorikshaw for hire, but he refused to come and there was some quarrel between parties. The injury sustained by defacto complainant is simple. Offence under Section 308 of the Indian Penal Code is not involved, but it is included only to harass petitioner. There was no intention to cause any injury and there was only a quarrel, it is submitted. 4. Learned Public Prosecutor submitted that as per the wound certificate, the injury sustained is not serious. On hearing BA NO.3531/10 2 both sides and on going through the wound certificate, I find that there is only one cut wound having a length of 4 cms. The patient was smelling alcohol. However, considering the nature of the allegations made in attacking defacto complainant with soda bottle etc., I am not satisfied that this is a fit case to grant anticipatory bail. 5. However, the only non-bailable offence alleged in this case is under Section 308 of the Indian Penal Code. On going through the case diary, the nature of injury sustained, the circumstances under which the incident happened etc., I am satisfied that petitioner has a strong and arguable case regarding the involvement of offence under Section 308 of the Indian Penal Code. Hence, the following order is passed : (i) Petitioner shall surrender before the Investigating Officer within seven days from today and co- operate with the investigation. (ii) In the event of arrest of petitioner, offence under Section 308 of the Indian Penal Code will be treated as not included, for the purpose of bail. Petition is disposed of accordingly. K.HEMA, JUDGE. tgs