IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6897 of 2008() ----------------------------- CRMP.4301/2008 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO. 124/2008 OF MARAYOOR POLICE STATION PETITIONER (S): ACCUSED:- -------------------- MANIKANTAN . S/O.SUBRAMANIAN, 29 YEARS SEMMANDI HOUSE, PUTHOOR KARA, KANTHALLOOR VILLAGE, DEVIKULAM TALUK, IDUKKI. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. STATE OF KEALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, IDUKKI. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6897 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 324, 326 and 294(b) IPC. According to prosecution, petitioner assaulted de facto complainant and another using a chopper on 24-8-2008 at about 4 p.m. 3. Learned counsel for petitioner submitted that petitioner sustained serious injury and he was in hospital for 60 days. But de facto complainant sustained only a minor injury and petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that while petitioner and one Desai were having a quarrel, de facto complainant intervened. At that time, petitioner cut de facto complainant with chopper on his face. He sustained lacerated wound near the eye. He also sustained fracture on nasal bone and also incised wound across the face from left to right crossing the nose. In the nature of the allegations made, it is not a fit case to grant anticipatory bail. It is also submitted that the weapons used for the offence have not been recovered so far. Another person was also injured at the hands of petitioner. BA 6897/08 -2- 5. On hearing both sides, I find that the allegations made against petitioner are serious in nature. Extensive injury was caused to de facto complainant, which includes a fracture also. Though petitioner would allege that he was in the hospital, etc., no document is produced to substantiate the same. There are only bare assertions and allegations and I am not satisfied that a mere existence of a counter case, if any, would be sufficient to grant anticipatory bail. I am also satisfied that weapon also has to be recovered for which petitioner's interrogation is essential. The incident occurred as early as on 24-8-2008 and petitioner was not available for interrogation. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, respondent is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.