IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 280 of 2009() --------------------------------------------- (CRIME NO819/2009 OF MULAVUKADU POLICE STATION) PETITIONER (S): ACCUSED NO.1: --------------------------------------------------- UNESH,AGED 30 YEARS, S/O. BABU, KAITHVANAM HOUSE, PONEKKARA, EDAPPALLY, ERNAKULAM. BY ADV. MR.K.R.VINOD SMT.M.S.LETHA RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.280 OF 2009 -------------------------------- Dated this the 5th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 326, 308 read with 34 of I.P.C. According to prosecution, petitioner (first accused) along with 5 others in furtherance of common intention assaulted defacto complainant using a sword stick and he sustained a fracture etc. 3. Learned counsel for petitioner submitted that no incident alleged has taken place. The defacto complainant was conducting a gambling house in the locality and this was protested by the people of the locality. In spite of that, he continued to conduct the gambling. On the date of occurrence, people of the locality raised objection. There was some altercation and a push and pull. In the meanwhile, he fell down and he sustained a fracture. But no weapon was used and there is nothing in the wound certificate to show that he sustained any injury by sword stick. Hence, he may be granted anticipatory bail, it is submitted. Accused nos.2, 3 and 4 were B.A.No.280 of 2009 2 granted anticipatory bail by the learned Additional Sessions Judge. It is also submitted that petitioner was under the influence of alcohol and he fell down. 4. Learned Public Prosecutor submitted that though the allegation is that a sword stick was used, the wound certificate does not show sustaining of any incised wound or lacerated wound. No external injury is noted in the wound certificate except that there is a fracture. The defacto complainant was smelling alcohol as per the wound certificate. On hearing both sides, I find that it is only fit and proper that anticipatory bail is granted to petitioner. Hence, the following order is passed : Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed B.A.No.280 of 2009 3 and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac