IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2040 of 2009() --------------------------------------- CRIME NO.161/2009 OF THRISSUR TOWN EAST POLICE STATION. .................... APPLICANT (S): ACCUSED NO.2 -------------------- SATHEESH, S/O. THOMAS, KITHRAN HOUSE, CHIYYARAM, THRISSUR. BY ADVS. MR.P.VIJAYA BHANU MR.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, TOWN EAST POLICE STATION. PUBLIC PROSECUTOR MR.C.M.KAMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No. 2040 of 2009 -------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioner, who is the second accused in Crime No. 161/2009 of Thrissur Town East Police Station for offences punishable under Secs. 341,323 and 326 read with section 34 I.P.C., seeks anticipatory Bail. 2. The allegation against the petitioner and the other accused is that they attacked the de facto complainant by hitting with a stone, the 1st accused caused a fracture of one of the ribs of the de facto complainant and the petitioner and the other accused caused a nasal bone fracture of the de facto complainant on 5.3.2009 at 3 p.m. 3. The learned Public Prosecutor opposed the application. 4. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioner's contention that the petitioner has been falsely implicated. There is no reason why the petitioner should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioner surrenders before the Magistrate concerned within two weeks from today and files an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation, this Application is disposed of. MBS/ V.K.MOHANAN, JUDGE.