IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7478 of 2008() ----------------------------- CRIME NO. 921/2008 OF KOYILANDY POLICE STATION PETITIONER (S): -------------------- SHAJI, S/O. KANDAN, LAKSHAM VEEDU COLONY, THUVAKODE, CHEMMENCHERI, KOYILANDY. BY ADV. SRI.B.V.JOY SANKER RESPONDENT(S): --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S I OF POLICE, KOYILANDY P.S., KOZHIKODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON 05/01/2009 PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7478 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 324 and 506(II) IPC. According to prosecution, petitioner committed house trespass into the house of de facto complainant and assaulted him as well as his wife. De facto complainant was stabbed with knife. 3. Learned counsel for petitioner submitted that incident did not occur as alleged. There was some altercation between the two, since de facto complainant abused petitioner's mother and in the course of the same, de facto complainant fell down and sustained some injuries and allegations to the contrary are false. Therefore, petitioner may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations are serious in nature and it is not a fit case to grant bail. Learned Public Prosecutor also submitted that knife is already recovered. 5. On hearing both sides, considering the facts and circumstances of this case, I do not find that it is a fit case to grant anticipatory bail. The incident occurred on 14-11-2008 and BA 7478 /08 -2- petitioner has not surrendered before the Investigating Officer or before the court so far. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.