IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 Bail Appl..No. 3257 of 2009() ---------------------------------------------- CRIME NO.42/2009 OF HARIPAD POLICE STATION, ALAPPUZHA PETITIONER/1ST ACCUSED: --------------------------------------- LAKSHMANAN, AGED 55 YEARS, S/O. KESAVAN SOUMYA BHAVAN, KUMARAPURAM VILLAGE, THAMALAKKAL NORTH MURI, KARTHIKAPPALLI, ALAPPUZHA DIST. BY ADV. SRI.V.ANIL RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIVC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 3257 of 2009 ------------------------------------ Dated this the 15th day of July, 2009 O R D E R The petitioner is the first accused in Crime 42/2009 of Haripad Police Station . This petition is filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. 2. The case of the petitioner is that as per prosecution case, due to previous enmity towards the defacto complainant, second accused inflicted injury with a Chopper near the residence of the defacto complainant and as per the F.I. Statement, wife of the defacto complainant submitted that there was no previous enmity. The learned counsel for the petitioner submitted that in such circumstances, petitioner be granted anticipatory bail and he is prepared to abide by any conditions . 3. The learned Public Prosecutor submitted that the case is being investigated under Sections 324 and 307 of Indian Penal Code and custodial interrogation is necessary and in such circumstances, petitioner is not entitled to grant anticipatory bail . Considering the nature of offence and the necessity for B.A. No. 3257/2009 Page numbers custodial interrogation in the case being investigated for the offence under Section 307 of Indian Penal Code, petitioner is not entitled to get anticipatory bail. The petitioner is at liberty to surrender before the concerned magistrate and seek regular bail. M. SASIDHARAN NAMBIAR JUDGE scm