IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3614 of 2008() ----------------------------- CRIME NO.462/07 OF VALIYATHURA POLICE STATION PETITIONER/ACCUSED ----------------------------------- VINCENT @ AJI, AGED 31 YEARS, S/O.LEON, LEON HOUSE, T.C.80/1561, BALANAGAR, VETTUKADU, TITANIUM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENTS: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, VALIYATHURA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3614 of 2008 ----------------------------------------- Dated this the 17th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, on 29.11.2008, the petitioner allegedly committed offences under Sections 341, 323, 324, 308, 379 and 34 of Indian Penal Code from the house of the defacto complainant. 3. Learned counsel for petitioner submitted that the defacto complainant's sister owed Rs.2 lakhs to the petitioner and she did not return the money. The defacto complainant undertook to pay off the debt and invited the petitioner to their house. On reaching there, he was brutally attacked by the defacto complainant and others. A crime was registered on the basis of a statement given by the petitioner herein as Crime No.463 of 2008 under Sections 341, 323, 324, 308, 379 and 34 IPC. The petitioner was also severely injured. In the incident, persons on the other side also sustained certain minor injuries, but the incident did not occur as alleged. 4. Learned Public Prosecutor submitted that the incident occurred in the house of the defacto complainant and both sides are injured and they have also used weapons. BA.3614/08 2 5. On hearing both sides, it is not clear whether the defacto complainant and others are the actual aggressors. The incident happened at the defacto complainant's house. Weapons were used and offence under Section 308 IPC is registered against both sides. A copy of the wound certificate issued in respect of the petitioner is handed over to me by learned counsel for petitioner and it appears that alleged cause of injury is that he was assaulted by four persons when he went for procuring the interest on the amount advanced. In the above circumstances, in an offence of this nature, I am not inclined to grant anticipatory bail to the petitioner. This petition is dismissed. K.HEMA, JUDGE vgs.