IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 3306 of 2010() ----------------------------- (CRIME NO. 390/2010 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM) .................... PETITIONER ------------------------------ RAVIRAJAN, AGED 60 YEARS S/O.GOPALAN, ROHINI, OOMANAPALLIKARA DESOM THANNIMOODU, KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE KILIMANNOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J -------------------- Bail Application No.3306 of 2010 ---------------------------------------------- Dated this the 7th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 323, 324, 427 r/w 307 I.P.C. According to prosecution, petitioner(A2) along with other accused trespassed into a temple committee office and attacked de facto complainant who is a retired Asst. Sub Inspector and assaulted him, using chopper and he sustained serious injuries. Since there was an earlier enmity in respect of an earlier dispute between the parties, on 19/04/2010, at about 9:30 A.M, accused have allegedly attempted to commit murder. 3. Learned counsel for the petitioner submitted that there was a civil dispute between the petitioner and the de facto complainant who is a retired ASI, in connection with a tube well being constructed in a temple compound. The petitioner is implicated falsely and he is totally innocent of the allegations made. It is pointed out that certain manipulations, corrections and interpolations are effected in First Information Statement, Annexure Band petitioner's name is included thereby. A close Bail Application No.3306 of 2010 2 reading of FIS shows that petitioner's brother-in-law and three persons who are identifiable by sight alone were implicated. Only one person was implicated by name in Annexire B originals but by the corrections and interpolations, petitioner is also included in the FIS. Even if the entire allegations are accepted, he had only allegedly expected to kill the de facto complainant, but he had not used any weapons nor had he taken part in the assault. 4. Learned Public Prosecutor submitted that petitioner is implicated as the second accused in the FIR itself. But, it is conceded that there are some corrections and interpolations in First Information Statement. But, that does not mean that petitioner is falsely implicated. It is also submitted that the dispute is between a temple committee and petitioner and not between petitioner and de facto complainant. 5. On hearing both sides and going through Annexure B, First Information Statement, I am satisfied that there are some corrections and interpolations in the First Information Statement on the vital aspects. Petitioner's name as an assualtant is introduced in Annexure B as an interpolation, with reference to the part allegedly played by him in the incident. I am satisfied that there is a strong and arguable case for the petitioner and if anticipatory bail is not granted, he will be put to irreparable Bail Application No.3306 of 2010 3 injury. Hence, I am inclined to grant anticipatory bail to the petitioner. 6. Hence the following order is passed: (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. Petition is allowed. K.HEMA, JUDGE vdv