IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2168 of 2010() ------------------------------------------ (CRIME NO.248/2010 OF CHAVARA- THEKKUMBHAGOM POLICE STATION, KOLLAM DISTRICT) PETITIONER/ACCUSED-A1: ----------------------------------------- SABU @ KRISHNAKUMAR, S/O.BALAN, VADAKKADATHU KRISHNAVILASAM, MULLIKKALA, THEVALAKKARA, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 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 21/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 2168 of 2010 ------------------------------------ Dated this the 21st day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 447 and 326 read with Section 34 of the Indian Penal Code. According to the prosecution, first accused used to abuse de facto complainant's daughter on several occasions. On the date of occurrence also, after consuming liquor first accused abused the de facto complainant's daughter in obscene language and on information, de facto complainant went there and the first accused along with two others assaulted him and the de facto complainant sustained grievous injury. 3. Learned counsel for petitioner submitted that there was some quarrel between the parties earlier in the morning but a false complaint is filed. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the allegations made this is not a fit case to grant anticipatory bail. Wooden reaper was used for the offence and it is not recovered. B.A. No. 2168 of 2010 2 5. On hearing both sides, I am satisfied that petitioner will be required for interrogation and recovery of the weapon of the offence. This is not a fit case to grant anticipatory bail, particularly, taking into account the nature of the allegations made. I do not find any ground to grant anticipatory bail, while considering the facts and circumstances of the case. 6. Hence the following order is passed. Petitioner shall surrender before the investigating officer without any delay and co-operate with the investigation. Whether he surrenders or not police is at liberty to proceed against in accordance with law. This petition is dismissed. K. HEMA, JUDGE ln