IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6238 of 2008(F) ------------------------------------- CRIME NO.724/2008 OF PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED : ---------------------------- ALEX T. GEORGE, MULAKKAL HOUSE, JESUS ROAD, NANNUAKKAD.P.O, PATHANAMTHITTA. BY ADV. SRI.T.P.PRADEEP RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6238 of 2008 ------------------------------------------------- Dated this the 29th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 427 and 308 IPC. According to prosecution, on 16.9.2008, at about 8.30 a.m., the defacto complainant's car was stopped by the accused and the rear view mirror and wind screen glass were broken by the accused with a weapon. 3. Learned counsel for petitioner submitted that the allegations made are false. The actual accident occurred while the defacto complainant was overtaking the motor cycle driven by petitioner. Some damage caused and the car was stopped and there was an altercation. It is not correct to say that any weapon was used by defacto complainant. The offence under Section 308 IPC is included only with a view to harass petitioner. The only injury sustained is an abrasion on the forearm and it is unlikely that if there is an attack as alleged such an injury alone will be caused, it is submitted. On hearing both sides, considering the facts pointed out, I find that anticipatory bail can be granted on conditions. Hence, BA No.6238/08 2 the following order is passed: (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation and co-operate with the investigation. (2) In the event of arrest of petitioner, he shall be produced before the Magistrate Court concerned in accordance with law. (3) On production of petitioner before the Magistrate court, petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. to 1 p.m. until further orders. (ii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl