IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4410 of 2008(C) ---------------------------------------- CRIME NO.411/08 OF THRISSUR TOWN EAST POLICE STATION PETITIONER/ACCUSED NO.2 :- ------------------------------------------ P.K. VIJAYAN, AGED 52, S/O KUMARAN, PALAKKAL HOUSE, CHEMBUKKAVU P.O., THRISSUR. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, 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 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4410 OF 2008 ------------------------------ Dated this the 18th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 294(b), 452, 326 read with Section 34 of Indian Penal Code. According to the prosecution on 15.06.2008, at about 5.20 p.m. the petitioner and the 1st accused in furtherance of common intention, assaulted the defacto complainant. The 1st accused hit him with a stone on the lips and caused loss of tooth. The 2nd accused held the defacto complainant by his collar and assisted the 1st accused in the assault. 3. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations made. He is a 51 year old man who is a heart patient taking medicine. He has undergone a heart surgory and he is regularly taking medicines as revealed from the certificates produced along with this petition, it is submitted. Annexure A1 series will reveal the physical state of the petitioner that he had “open mitral commissurotomy, Mitral valve repair”. Learned counsel for the petitioner also pointed out that the details of the accused referred to in the First Information Statement B.A.4410/2008 2 will not tally with those of the petitioner. The assailant (accused No.2) is referred to as the person from “Patturakkal” as per the First Information Statement but the Petitioner belongs to “Chembukavu”. Patturakkal and Chembukkavu are at a distance of 5 Kms away. While Patturakkal is on the northern side of Trichur, the Chembukkavu is on the eastern side. Hence there is mistake in the identity but the police is coming in search of the petitioner and he apprehends arrest in connection with the crime, it is submitted. 4. On hearing both sides, I am inclined to grant anticipatory bail. Hence the following order is passed: The respondent shall release the petitioner in the event of his arrest on executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Arresting Officer on condition that he will report before the Investigating Officer as and when directed and co-operate with the investigation. The petition is allowed. K.HEMA, JUDGE pac