IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 Bail Appl..No. 3980 of 2008() ----------------------------- CRIME NO.85/2008 OF PULINKUNNU POLICE STATION PETITIONER : ACCUSED: ------------------------- PRADEESH, S/O.NATARAJAN, VEREVIL, KANNADI MURI, PULINKUNNU P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------- 1. THE SUB INSPECTOR OF POLICE, PULINKUNNU POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.3980 of 2008 --------------------------------------- Dated this the 10th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The main offence alleged is under Section 308 IPC. According to the prosecution, the petitioner assaulted the defacto complainant and inflicted injuries on him and committed the offence under Section 308 IPC on 18.5.2008. 3. Learned counsel for the petitioner submitted that there is a counter case against the defacto complainant's brothers. This case is filed only as a counter blast to that case. No serious injuries were sustained by the defacto complainant, but there is only a self inflicted injury, it is submitted. Hence, it is requested that anticipatory bail may be granted. 4. This petition is opposed. Learned public prosecutor submitted that the case diary reveals that there is a lacerated injury on the scalp and weapons were used for the offence. Sword stick is the weapon and it is to be recovered. On hearing both sides, I am not inclined to grant BA No.3980/08 2 anticipatory bail, especially since the petitioner is not able to probablise that the defacto complainant or his brothers are the aggressors. The recovery is to be effected and the petitioner will be required for interrogation by the police. Hence, this petition is dismissed. K.HEMA, JUDGE csl