IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 Bail Appl..No. 4397 of 2008() ----------------------------- (CRIME NO.613/2008 OF THE KOLLAM EAST POLCIE STATION) PETITIONER/ACCUSED:- ------------------------------------- PRABHU, AGED 27 YEARS, S/O K.G. PRINCE LAL, RASHI NIVAS, MYTHRI NAGAR 99 PATTATHANAM, KOLLAM, FROM DHANWANTHIRI MADOM, ASRAMAM, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: ------------- STATE OFKERALA, REPRESENTED THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4397 of 2008 ----------------------------------------------- Dated this the 6th day of August, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, petitioner allegedly trespassed into the house of de facto complainant, criminally intimidated him, beat him with iron rod, hit a chair against the floor and committed mischief. A complaint was lodged by the de facto complainant and a crime was registered under Sections 323, 452, 506(ii) and 427 of IPC. 3. According to learned counsel for the petitioner, petitioner's father and the de facto complainant were doing abkari business and they are abkari contractors. They fell apart because of some difference of opinion. They are close relatives being brothers in law. Thereafter, to wreak vengeance, the petitioner who is innocent was falsely implicated in the crime. The incident alleged occurred on 3.6.2008 at about 10 p.m. but during that period, petitioner was not even able to move properly. He was on plaster cast, since he had an accident and suffered fracture to the hand. Photographs and medical certificates are produced in support of the case to establish that even now the petitioner is disabled. The documents are marked as Exts.A1 to A7. [B.A.No.4397/08] 2 Learned Public Prosecutor opposed this bail application and submitted that petitioner is required for recovery of the iron rod. Learned counsel for the petitioner submitted that this is absolutely a false case but still the petitioner is prepared to surrender before the investigating officer and make himself available for interrogation and he will also cooperate with the investigation. On hearing both sides and on going through the records, I take note of the fact that no offence under Section 324 and 326 was included at the time of registration of the crime. The offence was only under Section 323 of IPC. I am satisfied that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer and make himself available for interrogation and cooperate with the investigation. 2) Thereafter, in the event of his arrest, if any, he shall be released on bail on his executing a bond for Rs.2,500/- 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 cooperate with the investigation. Petition is allowed. K. HEMA, JUDGE. Krs.