IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES TUESDAY, THE 3RD OCTOBER 2006 / 11TH ASWINA 1928 Bail Appl..No. 5476 of 2006() ----------------------------- CRIME NO.106/2006 OF UPPUTHARA POLICE STATION PETITIONER/ACCUSED ----------------------------------- OUSEPPACHAN MOORKALI @ JOEPH, S/O.THOMAS, AGED 52 YEARS, UPPUTHARA P.O., IDUKKI. BY ADV. SRI.T.A.UNNIKRISHNAN SMT.RESHMI POULOSE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. - - - - - - - - - - - - - - - - - - - - B.A. No. 5476 of 2006 - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of October, 2006 O R D E R The petitioner is before this Court for a pre-arrest order, as he apprehends arrest in Crime No.106/2006 of Upputhara Police Station, for the offence punishable under Section 308 of the Indian Penal Code. The petitioner had intercepted the de facto complainant, while the latter was coming in his motor bike and inflicted injury, alleges the prosecution. 2. The counsel for the petitioner submitted that the de facto complainant is accused in number of criminal cases and he is a tenant of the petitioner. Money is due to the petitioner. Therefore, the petitioner demanded the same. It was in the altercation that arose between both, the petitioner took recourse to protect himself, which resulted in, sustaining of injuries, by the de facto complainant. 3. Without expressing any opinion on the merit of B.A.No.5476/2006 2 the matter and without any further discussions, I direct the petitioner to surrender before the Investigating Officer, who is investigating Crime No.106/2006 of Upputhara Police Station, on 09/10/2006, between 9.30 and 10 a.m. 4. The Investigating Officer shall interrogate the petitioner and thereafter, produce him before the court below, according to the law. 5. The learned Magistrate shall consider the application for bail, of the petitioner, and pass orders, on merit, on the same day itself. (J.M.JAMES) Judge ms