IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4704 of 2008() ----------------------------- CRIME NO.136/08 OF VANDIPERIYAR POLICE STATION PETITIONER/2ND ACCUSED:- ----------------------------------------- PARAMASIVAM,GRAND BY ESTATE, NO.1 DIVISION, GRAND BY P.O., VANDIPERIYAR. BY ADV. SRI.C.S.MANILAL SRI.M.K.SUBHAKARAN RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4704 of 2008 --------------------------------------- Dated this the 28th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. On a complaint made by the defacto complainant, a crime was registered against the petitioner and others under Sections 326, 323 and 294(b) read with Section 34 IPC. According to the prosecution, four persons attacked the defacto complainant and he sustained grievous hurt. The first accused used an iron rod for causing grievous hurt to the defacto complainant whereas, the petitioner allegedly beat the defacto complainant with hands. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made and the incident happened between the defacto complainant and the first accused in front of his shop and hence, the petitioner intervened. The defacto complainant was offended by this and he implicated the petitioner and his son in the offence. But, the names of third BA No.4704/08 2 and the fourth accused were deleted subsequently during investigation. The petitioner apprehends arrest in connection with a non bailable offence. 3. Learned public prosecutor submitted that the petitioners presence is not required for the interrogation, since charge is submitted. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner taking into account, the various facts submitted by learned counsel for petitioner. Hence, the following order is passed: The petitioner shall be released on bail in the event of his arrest on executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer. The petition is allowed. K.HEMA, JUDGE csl