IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2774 of 2010() ----------------------------- (CRIME NO.279/10 KUNNATHUNADU POLICE STATION) PETITIONER/ACCUSED -------------------------------------- DEEPAK, AGED 25,S/O.THOMAS, THEKKANATHU HOUSE,KIZHAKKAMBALAM PO, THURUTHUKARA. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,KUNNATHUNADU POLICE STATION, PATTIMATTOM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 2774 of 2010 --------------------------------------------------- Dated this 31st day of May, 2010. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 341, 324, 308 and 427 IPC. The de facto complainant, while proceeding along the road, driving his Maruti car, petitioner, who is his neighbour, intercepted the vehicle by using a motor bike and when the car was stopped, he hit with iron rod on the front glass and thereafter the glasses on both sides and also caused damage to the top of the car. Thereafter, when the de facto complainant came out, petitioner beat him with iron rod on his head, which was warded off by de facto complainant. When he got into the car, petitioner again hit against de facto complainant's chest with the iron rod and that was also warded off. He sustained certain injuries near both the eye-brows and also on the arm and the chest. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. As per the allegations in the [B.A.No.2774/10] 2 First Information Statement itself, no injury was sustained by de facto complainant except abrasions. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant was admitted in the hospital. He had mild head injury and contusions and this is not case where no injury is sustained. 5. On hearing both sides, considering the manner in which the incident happened and the medical records produced, I do not think it fit to grant anticipatory bail to petitioner. This petition is dismissed. K. HEMA, JUDGE. Krs.