IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Bail Appl..No. 4180 of 2010() ----------------------------- CMP.2250/2010 of J.M.F.C.-II, PEERUMEDU .................... (CRIME NO.168/2010 OF PERUVANTHANAM POLICE STATION, IDUKKI) PETITIONER ------------------------------ LINTO JOSEPH, S/O.JOSEPH, CHEMPAKASERIL HOUSE NEDIYORAM BHAGAM, PERUVANTHANAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PERUVANTHANAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4180 of 2010 ------------------------------------ Dated this the 19th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 294(b), 323, 308 of Indian Penal Code. According to prosecution, petitioner assaulted de facto complainant by pushing him down and thereafter, putting a stone on his head and thereby committed various offences. He also uttered obscene words against de facto complainant in public. The incident happened on 29/06/2010 at about 9 a.m on the public road. 3. Learned counsel for petitioner submitted that de facto complainant happened to kick off a bottle and it fell on the head of accused, and he turned back and there was a quarrel between the two. The allegation is that stones were pelted at de facto complainant. Petitioner and de facto complainant are friends and de facto complainant has no grievance against petitioner now . 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant is a boy aged 19 years who is studying for plus 2. As per the wound certificate, he sustained an injury on the occipital region of the scalp, measuring 8x2x1 cm. As per the allegations, he was pushed down by petitioner and a stone was dropped on his head. B.A. No.4180 of 2010 2 5. On hearing both sides, I find that the allegations made against petitioner are serious in nature. There is nothing on record to probabalise the asserted innocence of petitioner or the fact that de facto complainant has no grievance in the matter. Considering the stage of investigation, I do not think it fit to grant bail to petitioner. This petition is dismissed. K. HEMA, JUDGE vdv