IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Bail Appl..No. 368 of 2008() ---------------------------- CRIME NO. 519/07 OF KANJAR POLICE STATION PETITIONER/ACCUSED ----------------------------------- GEORGE, AGED 61, S/O. JOSEPH, KUDAKKACHIRAKUNNEL, ARAKULAM VILLAGE, POTTANPADY BHAGAM, MOOLAMATTOM, THODUPUZHA. BY ADV. SRI.RENJITH B.MARAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANJAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 368 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Sections 326 and 427 I.P.C. He is the sole accused. The defacto complainant is a neighbour of the petitioner. The defacto complainant was allegedly assaulted on account of ill-will and animosity which arose from a prior dispute between them. The allegation is that the petitioner had caused fracture of the rib by hitting the victim with a dangerous stone. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner initially submits that no offence under Section 326 I.P.C. would lie in as much as no grievous hurt has been suffered by the victim. But the records clearly show that fracture of the 6th rib has been caused. The counsel contends that the weapon used cannot be said to be a B.A.No. 368 of 2008 2 dangerous weapon. I am unable to agree. I am satisfied, in these circumstances, that there is merit in the opposition by the learned Prosecutor. The petitioner must be directed to resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the usual course, submits the Prosecutor. 3. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm