IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 798 of 2009() ----------------------------------------- (CRIME NO.30/2009 OF KUNNIKODE POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- SAMBASIVAN, AGED 43 YEARS, S/O. RAVEENDRAN, SAMVIHAR, CHAKKUVARAKKAL VILLAGE, KUNNIKODE, KOLLAM DISTRICT. BY ADV. MR.BIMAL K.NATH, MR.S.JAMAL, MR.E.M.SUNILKUMAR. RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 798 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 447, 294(b) and 326 IPC. According to prosecution, on 16-1-2009 at about 7.30 p.m. petitioner trespassed into the property of de facto complainant, abused him in filthy language and assaulted de facto complainant by using iron rod and inflicted a fracture on the forearm and thereby committed various offences. 3. Learned counsel for petitioner submitted that there was some quarrel between petitioner and de facto complainant on account of a boundary dispute. No incident take place. Though an incident is alleged to have occurred on 16-1-2009, petitioner went to the hospital only on 17-1-2009. If there is a fracture, it is highly improbable that he would wait till the next day to go to hospital. The distance between the hospital and the police station is 5 k.m. But, there is a delay in registration of the crime. The crime was registered only on 19-1-2009. Petitioner is prepared to abide by any condition. In such circumstances, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Petitioner Learned Public Prosecutor submitted that there is a delay in registering the BA 798/09 -2- crime and it is explained. De facto complainant wanted to consult his son to go to hospital and that is why the delay was caused. The First Information Statement was recorded from the hospital. Recovery of weapon is to be effected. 5. On going through the case diary, it is seen from the wound certificate that petitioner sustained a fracture to the right forearm. Deformity of the right wrist was noted therein on 17-1- 2009 at 11 a.m. but no other injury is noted. X ray shows fracture on the right forearm. The incident stated to have occurred on 16-1-2009 at 7.30 p.m. 6. On hearing both sides and on going through the case diary, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall report before the BA 798/09 -3- Investigating Officer within four days from the date of release on bail and co- operate with the investigation. ii) Petitioner shall not intimidate or influence any witness or commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.