IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2266 of 2010() --------------------------------- Cr.NO. 250/2010 0F TALIPARAMBA POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- LIJO,S/O.MATHEW, AGED 25 YEARS, MANIKKATH KUNNEL HOUSE, EDAKKOM ,KOOVERI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT : ------------------------------------ STATE THROUGH S.H.O.TALIPARAMBA, POLICE STATION,KANNUR DT.REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 2266 of 2010 ----------------------------- Dated this the 3rd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 326 and 506 (ii) of the Indian Penal Code. According to prosecution, on 19.03.2010 at about 5.45 A.M., while the de facto complainant was tapping rubber, the petitioner trespassed into the property and inflicted injuries on him using iron rod. He also criminally intimidated him. 3. Learned counsel for petitioner submitted that the incident happened in the petitioner's property, while he was tapping. It is also submitted that the offence under Section 326 of the Indian Penal Code is introduced after nine days of the incident. De facto complainant is the aggressor and hence petition may be allowed, it is submitted. It is also submitted that a direction may be issued to the accused to surrender before the investigating officer. B.A. No. 2266 of 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that the incident happened in de facto complainant's property. Iron rod used for the petitioner, which is yet to be recovered and two fractures are sustained by de facto complainant. 5. On hearing both sides, I am satisfied that the allegations made against the petitioner are serious in nature. The weapon allegedly used by him is yet to be recovered. Petitioner's interrogation is necessary for the purpose of an effective investigation. In the above circumstances, I am not inclined to grant anticipatory bail to petitioner. Petitioner is at liberty to surrender before the investigating officer or the Magistrate Court concerned but for that purpose and no direction need be issued. This petition is dismissed. K. HEMA, JUDGE ln