IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2967 of 2010() ----------------------------- CRMP.1113/2010 of DISTRICT COURT, KOTTAYAM .................... (CRIME NO.306/2010 OF GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT) PETITIONER/2ND ACCUSED: ------------------------------------------ MONICHAN,S/O.JOSEPH,AGED 27 YEARS, PERAMBRA HOUSE,ARPOOKARA EAST PO,KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, GANDHINAGAR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 2967 of 2010 ------------------------------------ Dated this the 25th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323 and 308 read with Section 34 of the Indian Penal Code. According to the prosecution, petitioner (A2) along with first accused intercepted a motor cycle, which was driven by de facto complainant, wrongfully restrained him and beat him with hands. Thereafter, when he fell down he was also stamped, thereby a fracture was caused to the rib of the de facto complainant. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. No recovery is necessary in this case, since no weapon was used. 4. This petition is opposed. Learned Public Prosecutor pointed out that this is a case in which fracture was caused to the de facto complainant at the hands of petitioner. Petitioner, who is second accused, is involved in another crime in which Section 308 of the Indian Penal Code is also included. B.A. No. 2967 of 2010 2 5. On hearing both sides and considering the nature of the allegations made and the other relevant facts noted above I am satisfied that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE ln