IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 455 of 2009() ---------------------------------- CRIME NO.44/09 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED : ---------------------------- ABDUL RAHIMAN @ ANTHRUMAN, S/O. ABDULLA, AGED 42 YEARS, R/AT SAFWAN QUARTERS, MANAL, CHEMMANAD P.O., KASARGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REP. BY ITS PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.455 OF 2009 -------------------------------- Dated this the 10th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 308 and 326 of I.P.C. According to prosecution, petitioner assaulted the defacto complainant using stick and he sustained injuries including a fracture to the right arm. The incident happened on 17.01.2009. 3. Learned counsel for petitioner submitted that the defacto complainant and others assaulted petitioner and a crime is registered as crime No.44/2009 against him. The defacto complainant sustained a fracture, only due to a fall during the course of the incident, and not due to any assault. On the next day, the defacto complainant's people came to petitioner's shop and assaulted him and he sustained serious injuries and he is hospitalised. Annexure I photograph will reveal the nature of the injuries sustained, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner assaulted the defacto complainant B.A.No.455 of 2009 2 and a fracture is caused. Considering the nature of the allegations made, this is not a fit case to grant anticipatory bail. In the counter case, the offences alleged are under Sections 341 and 323 I.P.C. On hearing both sides, I find that mere existence of a counter case cannot be made a ground to grant anticipatory bail. The fact that another crime was committed on the next day of the incident against petitioner is also not a ground to grant anticipatory bail. Anticipatory bail cannot be granted on sympathy. As per the allegations, petitioner assaulted defacto complainant using a stick and a fracture is caused. Considering the serious nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 17.01.2009 and petitioner is bound to surrender and co-operate with the investigation. i) Petitioner shall surrender before the investigating officer or the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not, B.A.No.455 of 2009 3 police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail will be entered by this court by petitioner in this crime. The petition is dismissed. K.HEMA, JUDGE pac