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. 2963 of 2010() ----------------------------- (CRIME NO.606/2010 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT) .................... ACCUSED --------------------------- SHIHAS, AGED 38 YEARS, S/O.KUNJAPPAN, MUNDOMTHURUTHIL HOUSE, NEAR SREE KRISHNA TEMPLE, KUMBALANGHI P.O., KOCHI-7. BY ADV. SRI.T.A.GEORGE JOSEPH RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 2963 OF 2010 ------------------------------------------------- Dated this the25th day of May, 2010. ORDER This petition for Anticipatory bail. 2. The alleged offence is under Sections 294(b) and 308 of Indian Penal Code. According to prosecution, petitioner stabbed defacto complainant twice with a knife and inflicted injuries due to enmity. According to defacto complainant, petitioner had spoken indecently about his wife to the neighbours. 3. Learned counsel for the petitioner submitted that there is a Civil dispute between the petitioner and his brother. There is also a counter case in respect of the present incident and petitioner sustained injuries. The incident happened in the house where both of them are residing. The petitioner tried to grab his father's property. No serious injury is sustained by the petitioner. A reading of the FI Statement itself will show that this is a false case, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this is a case where the petitioner inflicted injury on his brother with a knife and nature of the injury is serious, as per the statement of the doctor. The wound certificate B.A.NO. 2963 OF 2010 2 also shows that there are two injuries on the left auxiliary region. The motive for the crime is that the petitioner was spreading rumour in the neighbour hood about the petitioner's wife. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I find that though assertions are made that there is a counter case is also and the petitioner sustained injuries etc, there is nothing to support this bare assertion or about a counter case. Even otherwise, mere existence of counter by itself is not a sufficient to grant anticipatory bail. Considering the seriousness of the allegations made and the nature of the injury inflicted on defacto complainant who is none other than the petitioner's own brother, I am satisfied that this is not a fit case to grant anticipatory bail to the petitioner. This petition is dismissed. K.HEMA,JUDGE. pm