IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7559 of 2008() ----------------------------- CRIME NO. 686/08 OF PUDUKKAD POLICE STATION PETITIONER/ACCUSED: ---------------------------- SHAJU, S/O.YOHANNAN, KOMBARAKKARAN HOUSE, NEDUMBAL DESOM, THOTTIPPAL VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 7559 OF 2008 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 23RD DAY OF DECEMBER, 2008 O R D E R Petitioner, who is the accused in Crime No.686/08 of Pudukkad Police Station for the offence punishable under sections 452, 294(b), 323 and 308 of IPC, seeks anticipatory bail. 2. The allegations against the petitioner is that due to the previous enmity against the defacto complainant, the petitioner assaulted the defacto complainant using a kitchen knife in his hand and that when the wife of the defacto complainant tried to obstruct the assault, she was also assaulted. 3. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 4. It is submitted by the learned counsel appearing for the petitioner that on 24.11.2008, the petitioner was brutally manhandled by the defacto complainant and in that scuffle, some injuries were sustained by the defacto complainant. The petitioner sustained fracture to his 8th rib as revealed from Annexure A wound certificate. He was hospitalised for two days. 5. This petition is opposed by the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that the incident B.A.NO.7559/08 2 happened on 24.11.2008 from the house of the defacto complainant. In the incident, the defacto complainant sustained multiple stab injuries to different parts of the body, that is, abdomen, left thigh and fingers of his left hand and he was hospitalised from 24.11.2008 to 3.12.2008. 6. Considering the facts and circumstances of this case, I find that no special circumstance is there to invoke the provisions of Section 438 of Cr.P.C. This application is accordingly dismissed. M.C.HARI RANI,JUDGE. dsn/-