IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 265 of 2010() --------------------------------------- CRIME NO.11/2010 OF KALAMBALAM POLICE STATION. ........ PETITIONER/ACCUSED ---------------------- GOPINATHAN NAIR, AGED 58 YEARS, S/O.RAMAKRISHNAPILLAI,G.R.BHAVAN, NJARAYILKONAM, KADAVOOR, KADAVOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): -------------------------- THE SUB INSEPCTOR OF POLICE, KALLAMBALAM POLICE, STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.265 OF 2010 ----------------------------------- Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 324 and 326 of IPC. According to prosecution, on 4.1.2010 at 2 pm, while defacto complainant was proceeding to his house along the pathway leading to his house, petitioner assaulted him by beating with a wooden log and inflicted fracture. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. There was several disputes between the parties and when the defacto complainant came to his property, defacto complainant came to attack him, while petitioner's workers drove him away. 4. This petition is opposed. Learned public prosecutor submitted that petitioner is the sole accused in the crime. B.A. No.265/10 2 Defacto complainant sustained fracture from the hands of the petitioner. Though assertions were made regarding several disputes, etc. between parties, there is nothing to probablise the case of the petitioner. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.