IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2666 of 2009() ------------------------------------- CRIME NO.209/2009 OF MALA POLICE STATION PETITIONER/ACCUSED: -------------------------------------- HARESH,S/O.RAMAKRISHNAN, AGED 40 YEARS, THEKKOOT HOUSE, KUZHIKKATTUSSERY P.O. THRISSUR DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (THROUGH SUB INSPECTOR OF POLICE, MALA POLICE STATION). SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2666 of 2009 ------------------------------------ Dated this the 22nd day of May, 2009 O R D E R This is an application for anticipatory bail in Crime No.209/2009 of Mala Police Station. Offences alleged against the petitioner are under Sections 241, 323 and 308 of Indian Penal Code. 2. The prosecution case is that on 20/03/2009, at about 7.45 P.M, the petitioner obstructed the motor cycle in which the defacto complainant and one Evin were travelling and that the defacto complainant was attacked and Evin was stabbed by the petitioner. 3. Learned counsel for the petitioner submitted that the petitioner was admitted in the hospital and Annexure A1is the wound certificate, which discloses that he has sustained injuries on an attack with a weapon called “Urumi”. The case of the petitioner is that at about 7.30 P.M. on 20/03/2009, the defacto complainant and others entered into the petitioner's house and attacked him and he sustained injuries. B.A. No. 2666/2009 2 4. The petitioner moved an application for anticipatory bail in the Sessions Court, Thrissur, which was dismissed by order dated 22/04/2009. The learned Sessions Judge held that the contents of the CD prima facie reveal the complicity of the petitioner in the offence. The defacto complainant was admitted in the hospital and he was examined by the Medical officer on 20/03/2009 at about 8.30 P.M. The wound certificate discloses that he has sustained incised wounds. 5. Taking into account the facts and circumstances of the case, nature of offence and injuries sustained by the victim, I do not think that the petitioner can be granted anticipatory bail. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm