IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2267 of 2010 ----------------------------- CRIME No.218/2010 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM DIST. ............... PETITIONER/ACCUSED: -------------------------- NARAYANAN,S/O.GOPALAN,AGED 53 YEARS, ATHIPPILLIL HOUSE,MUDAVOOR.P.O,VELLOORKUNNAM VILLAGE,MOOVATTUPUZHA,ERNAKULAM DISTRICT. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA-SHO,KOTHAMANGALAM POLICE STATION,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. C.S. HRITHIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. --------------------------------------------- Bail Application No.2267 of 2010 --------------------------------------------- Dated this the 23rd day of April, 2010 O R D E R This is an anticipatory bail application filed by the sole accused in Crime No.218/2010 of Kothamangalam Police Station, Ernakulam District under Section 438 of Cr.P.C. 2. The allegation against the petitioner is that on March 22, 2010 at about 3 p.m. the petitioner and other accused hit his brother, the defacto complainant, with a stone and cut him with a 'vakkathi' inflicting grievous injuries to him and thereby committed offences punishable under Sections 324, 326 and 506 (2) of IPC. 3. It is alleged in the petition that there are civil cases pending before the Munsiff Court, Muvattupuzha with respect to family properties between the defacto complainant and the accused, that in the same incident the petitioner sustained very serious injuries for which Crime No.219 of 2010 was registered against the defacto complainant by the police, that the petitioner apprehends arrest and harassment at the hands of the police and that therefore anticipatory bail may be granted to the petitioner. BA No. 2267 of 2010 -:2:- 4. Notice given to the Public Prosecutor. Heard counsel for the petitioner and the Public Prosecutor. 5. For the following reasons I am inclined to grant anticipatory bail to the petitioner. There is a case and counter case between the defacto complainant and the petitioner/accused. The petitioner has also sustained injuries in the incident as seen from the copy of wound certificate of the petitioner produced by the counsel for the petitioner. Taking into consideration the fact that the petitioner and the defacto complainant are brothers, that the incident arose out of a family dispute between them and that the petitioner has also sustained injuries in the incident, I feel that the apprehension of the petitioner regarding the arrest and harassment at the hands of police appears to be true. Therefore, in my view, this is a fit case in which anticipatory bail can be granted to the petitioner. In the result, the petition is allowed. The respondent is directed to release the petitioner, if arrested, on bail on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for like sum each. If arrested and released BA No. 2267 of 2010 -:3:- on bail, the petitioner shall co-operate with the investigation and shall appear before the investigating officer as and when ordered. P.Q. BARKATH ALI, Judge ttb